The Environment Agency (Appellant) and Paul Clark (as administrator of Rhondda Waste Disposal Limited (Respondent)

Country/Territory: United Kingdom
Type of court: Others
Date: Feb 10, 2000
Source: UNEP, InforMEA

Court name: Supreme Court of Judicature Court of Appeal
Seat of court: London
Judge: Henry
Walker
Baker
Reference number: CHANF 1999/1281/A3 and CHANI 1999/0885/3
Language: English
Subject: Legal questions, Waste & hazardous substances
Keyword: Legal proceedings/administrative proceedings Authorization/permit Offences/penalties

Abstract: The case involved a landfill site operated by the Respondent waste disposal company pursuant to a waste management license issued by the Environment Agency. The site had caused great concern to local residents because of obnoxious odors from the site. A formal warning had been sent to the Company complaining about lack of adequate cover of the operational areas of the site leading to problems with odor and leachate production. In 1998 the directors of the Company petitioned for an administration order to be made in relation to the Company. From then onwards the company was in insolvent administration. After this, the Environment Agency sought to prosecute it for breaches of criminal law relating to its licenses. The court analyzed the relevant regulations of the Insolvency Act 1986 and the Environmental Protection Act 1990 and held that there was a bar on proceedings against a company in administration. This bar operated for criminal as well as civil proceedings. The corresponding section was intended to allow the company a breathing space. Such a purpose would be hindered were all prosecutions to be allowed to proceed without the possibility of restraint and whatever the circumstances. However, exercising its discretion the court held that the administration was now complete. There was a serious breach of license and it could see no reason why the Agency should now not be given leave under the Insolvency Act to prosecute. Accordingly, a prosecution could be brought with leave.
Full text: COU-144015E.pdf