ENVIRONMENT AGENCY AND THAMES WATER CHALLENGE DISTRICT JUDGE DECISION

20/05/2005 - Thames Water Utilities as claimant and the Environment Agency as an interested party were at the High Court on Wednesday 18 May to challenge a decision made by a district judge that he did not have jurisdiction to determine a preliminary point of law.
Thames Water applied for judicial review after District Judge Carr, at Havering Magistrates’ Court, on 16 September 2004, refused to make a decision on a preliminary point of law as to whether sewage which escapes from a sewerage network onto land can be described as controlled waste.

Thames Water is being prosecuted by the Environment Agency for an incident at Elmers End, in early 2003. This point of law was relevant to 11 of the alleged offences under the Environmental Protection Act 11000.

Thames Water as claimant and the Environment Agency as an interested party took the view that District Judge Carr did have the power to make such a decision and Thames Water applied for Judicial Review.

At the High Court on Wednesday Lord Justice Rose and Mr Justice Crane upheld this view and agreed the District Judge did have the power to make such a decision. The High Court however saw no purpose in returning the matter back to the Magistrates’ Court.
Since the question as to whether sewage which escapes from a sewerage network onto land is controlled waste is an important point of law, which involves the interpretation of certain EC Directives, the High Court is referring the matter to the European Court of Justice for a preliminary ruling on certain questions of EC law related to this issue.

When the European Court of Justice has made a judgement it will then come back before the Divisional Court.