You are here

R v RL and JF

Where heating oil had escaped from an installation at a golf club, a prosecution for the strict liability offence of causing polluting matter to enter controlled waters under the Water Resources Act 1991 s.85 could have been brought against the club, which was an unincorporated association, or against individual members.

9 September 2008

The appellant Crown appealed against a decision that a golf club, which was an unincorporated association, could have been charged with an environmental offence under the Water Resources Act 1991 s.85, and that members of the club could not be so charged in the absence of personal culpability. During the course of building work carried out by independent contractors at a golf club, an underground pipe taking heating oil from a storage tank to a boiler was fractured and some 1,500 litres of oil escaped and polluted a nearby watercourse. The Environment Agency initiated a prosecution against two members of the club, the first being the club chairman and the second being the treasurer and chairman of the special building committee, which supervised the work in question. It was not alleged that either defendant was personally culpable for the leakage. The club had 900 or so members. At the outset of the trial the defendants sought a ruling from the judge on a mo...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.