Empress Car Company (Abertillery) Ltd. v. National Rivers Authority, (1998)
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Empress Car Company (Abertillery) Ltd. v. National Rivers Authority, (1998)
HOUSE OF LORDSLord Browne-WilkinsonLord Lloyd of BerwickLord NolanLord HoffmannLord ClydeOPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT IN THE CAUSEEMPRESS CAR COMPANY (ABERTILLERY) LTD.(APPELLANTS)v.NATIONAL RIVERS AUTHORITY(RESPONDENTS)ON 5 FEBRUARY 1998LORD BROWNE-WILKINSONMy Lords,I have had the advantage of reading in draft the speech prepared by my noble and learned friend, Lord Hoffmann. For the reasons he gives I would dismiss the appeal.LORD LLOYD OF BERWICKMy Lords,I have had the advantage of reading in draft the speech prepared by my noble and learned friend, Lord Hoffmann. For the reasons he gives I too would dismiss this appeal.LORD NOLANMy Lords,I have had the advantage of reading a draft of the speech of my noble and learned friend Lord Hoffmann. For the reasons he has given, I too would dismiss this appeal. LORD HOFFMANNMy Lords,Empress Car Company (Abertillery) Ltd. ("the company") was convicted at the Crown Court sitting at Newport, Gwent (His Honour Judge Crowther Q.C. and two justices) of "causing poisonous, noxious or polluting matter or sold waste to enter controlled waters" contrary to section 85(1) of the Water Resources Act 1991. "Controlled waters" are defined in section 104(1)(c) and (3) to include any river and in this case were the waters of the River Ebbw Fach, which ran close by the company's premises in Abertillery. A large quantity of diesel oil had escaped from a tank into the river in circumstances which I shall shortly describe. Section 85(1) reads as follows:"A person contravenes this section if he causes or knowingly permits any poisonous, noxious or polluting matter or any solid waste matter to enter any controlled waters."The company was originally convicted by the Tredegar justices and appealed to the Crown Court. Its appeal from the Crown Court to the Divisional Court by way of case stated was also dismissed. It now appeals to your Lordships' House. The facts as found in th...See the full content of this document
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