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

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Homegrown hat-trick: Osbornes Law promotes three former trainees to partner

mfg Solicitors—Sarah Bradford

mfg Solicitors—Sarah Bradford

Partner arrival boosts law firm’s growing real estate team

Freeths—David Smith

Freeths—David Smith

Freeths secures major tax hire with appointment of David Smith

NEWS
The Supreme Court has clarified the scope of a director’s duty, in a case where a chairman’s good intentions went awry due to the pandemic
Digital fraud is ‘baffling policymakers, investigators, prosecutors and enforcers’, leaving ‘a massive justice gap’, the author of a government-commissioned independent review has warned
Richard Lloyd’s independent review of the Legal Services Board (LSB) has delivered a devastating verdict, accusing the super-regulator of having ‘lost its way in recent years’
The House of Commons has passed the Hillsborough Law, in a historic achievement for campaigners, survivors and families of those who died in the 1989 stadium collapse
Judicial statistics show a steady rise in the number of female judges and Asian and mixed ethnicity judges in the past ten years—however, progress in terms of representation has stalled for both Black lawyers and for solicitors
back-to-top-scroll