Writing in NLJ this week, Lily Beweley-West, associate at Corker Binning, examines former Southern Water chief executive Matthew Wright’s unsuccessful challenge to a conspiracy-to-defraud prosecution.
The allegations concern manipulation of wastewater treatment works to circumvent quality monitoring. The court rejected Wright’s narrow reading of the agency’s powers, while also rejecting its claim to a general power to prosecute any offence.
The case carries lessons on privacy and candour. Wright’s anonymity was overturned, with the court reaffirming that restrictions on open justice must be ‘truly exceptional and strictly necessary’.
Both sides were criticised over failures to inform the court of an adjournment affecting an urgent application.
Beweley-West explains why the decision matters beyond environmental enforcement, highlighting the scope of specialist regulators’ powers and the continuing disclosure duties accompanying public law remedies.
