Empress Car Company (Abertillery) Ltd v National Rivers Authority
[1999] 2 AC 22
Ratio Decidendi
The offence of causing polluting matter to enter controlled waters under the Water Resources Act 1991 is one of strict liability. A person 'causes' pollution if they maintain something which, combined with a foreseeable act of a third party or natural event, results in pollution.
Fakty
Diesel oil leaked from a storage tank into a river after an unknown person opened a tap. The company was prosecuted for causing polluting matter to enter controlled waters.
Podsumowanie orzeczenia
The House of Lords upheld the conviction. The company 'caused' the pollution by maintaining the tank and its contents in a position where it could pollute if the tap was opened. The intervening act was foreseeable.
Kluczowe cytaty
"The defendant caused the pollution if he did something which produced a situation in which the polluting matter could escape."
— Lord Hoffmann
Późniejsze zastosowanie
Leading authority on 'causing' water pollution under the WRA 1991.