header-logo header-logo

Environmental protection—Pollution of controlled water—Approach to determining level of fine

05 March 2010
Issue: 7407 / Categories: Case law , Law reports
printer mail-detail

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll