| R v Anglian Water Services Ltd | |
|---|---|
 Anglian Water treatment works | |
| Court | Court of Appeal |
| Citation | EWCA Crim 2243 |
| Keywords | |
| Water | |
R v Anglian Water Services Ltd EWCA Crim 2243 is a UK enterprise law case, concerning water in the UK.
Facts
Anglian claimed it should not pay a £200k fine for causing sewage discharge into a river, under Water Resources Act 1991 section 85(3), causing serious fish and wildlife damage. It was found grossly irresponsible. It was argued the act was not criminal as section 85(3) required no mens rea, and Anglian argued it has no causative culpability. The company maintained a bolt whose thread broke was unforeseeable, so Anglian could not be at fault, and such a high fine would impact investment.
Judgment
Scott Baker LJ held the fine was manifestly excessive for a single offence, and reduced it to £60k. Anglian acted promptly, had pleaded guilty and there was no concern of cutting corners. The fine had to be at a level to ensure it could not be cheaper to pay fines than to invest. Magistrates were always right to refuse jurisdiction for fines over £20k.
Henriques J and Recorder of Bristol agreed.
See also
| Water law sources | |
|---|---|
| Climate Change Act 2008 s 1 | |
| Water Industry Act 1991 ss 2, 11-17 | |
| Water Act 2003 s 52 | |
| Water Industry Act 1991 ss 27A-30 | |
| Water Industry Act 1991 ss 37, 61(1A) and Sch 4A | |
| Water Industry Act 1991 ss 142-143 | |
| R (Oldham MBC) v DG of Water Services (1998) 31 HLR 224 | |
| Water Supply and Sewerage Services (Customer Service Standards) Regulations 2008 | |
| Drinking Water Directive 1998 1998/83/EC | |
| Commission v Spain (2003) C-278/01 | |
| Dept of Transport v North West Water Authority AC 336 | |
| Cambridge Water Ltd v East Counties Leather plc 2 AC 264 | |
| R v Anglian Water Services Ltd EWCA Crim 2243 | |
| Marcic v Thames Water plc UKHL 66 | |
| Manchester Ship Canal Co Ltd v United Utilities Water Plc UKSC 40 | |
| See UK enterprise law |
Notes
- SS for the Environment, Transport and the Regions v Yorkshire Water Services Ltd EWCA Crim 2635 considered.