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The Environment Agency v. Brock Plc

País/Territorio
Reino Unido
Tipo de la corte
Otros
Fecha
Feb 16, 1998
Fuente
UNEP, InforMEA
Nombre del tribunal
Queen’s Bench Division
Juez
Roch
Potts
Número de referencia
(1998) 4 PLR 37
Idioma
Inglés
Materia
Desechos y sustancias peligrosas
Palabra clave
Responsabilidad/indemnización Sustancias peligrosas
Resumen
It was alleged that on 2 December 1996, Brock Plc had caused polluting matter, namely tip leachate, to enter a ditch, a tributary of the River Dibbin from Hooton landfill site at Ellesmere Port contrary to Section 85 (1) and (6) of the Water Resources Act 1991. The magistrates acquitted the company but stated a case for the opinion of the High Court. The central question was whether on the facts found by the magistrates they were able to find that the company had not caused the entry of leachate into the ditch because the company had not known of its escape. The court held that the magistrates were not aware at the time of their decision of the decision of the House of Lords in the Empress Car Company (Abertillery) Ltd v. National Rivers Authority Case making it clear that liability under Section 85 (1) is not based on negligence but is strict. The matter was remitted back to the magistrates with a direction to convict the company.
Texto completo
Nation.Deci._Vol_3=prelims.pdf
Disponible en
UNEP/UNDP/Dutch Government Joint Project on Environmental Law in Africa, Compendium of Judicial Decisions on Matters related to Environment, National Decisions, Volume III, Page 230