Empress Car Company (Abertillery) Ltd

LORD BROWNE-WILKINSON

My 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 BERWICK

My 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 NOLAN

My 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 HOFFMANN

My 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 the case stated may be summarised as follows. The company maintained a diesel tank in a yard which was drained directly into the river. The tank was surrounded by a bund to contain spillage, but the company had overridden this protection by fixing an extension pipe to the outlet of the tank so as to connect it to a drum standing outside the bund. It appears to have been more convenient to draw oil from the drum than directly from the tank. The outlet from the tank was governed by a tap which had no lock. On 20 March 1995 the tap was opened by a person unknown and the entire contents of the tank ran into the drum, overflowed into the yard and passed down the drain into the river.

      The Crown Court found that there was a history of local opposition to the company's business. The tap might have been turned on by a malicious intruder, an aggrieved visitor or an upset local…