header-logo header-logo

05 March 2010
Issue: 7407 / Categories: Case law , Law reports
printer mail-detail

Environmental protection—Pollution of controlled water—Approach to determining level of fine

R v Thames Water Utilities Ltd [2010] EWCA Crim 202, [2010] All ER (D) 222 (Feb)

Court of Appeal, Criminal Division, Moore-Bick LJ, David Clarke and Sweeny JJ, 19 February 2010

The Court of Appeal has laid down sentencing principles for environmental offences.

Jonathan Barnard (instructed by Ashfords) for the defendant. Mark Harris and Howard McCann (instructed by the Environment Agency) for the Crown.

The defendant company was incorporated in April 1989. It was the largest supplier of water and sewage services in the UK. It was regulated by a number of agencies including the prosecutor in the instant case, the Environment Agency. In September 2007, during the course of cleaning out tanks in one of its plants, the defendant released sodium hypochlorite into the river Wandle. Damage was extensive. The defendant paid or pledged a total of £500,000 compensations. It admitted an offence of causing polluting matter to enter controlled waters, contrary to s 85(1) of the Water Resources Act 1991. The judge held that the starting point

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll