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

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
back-to-top-scroll