Immediate custody avoided for client prosecuted by the Environment Agency

Our client faced a prosecution by the Environment Agency (EA) for knowingly permitting the deposit of illegal waste. There were 12 defendants in this case and our client was one of the two landowners of the relevant site.  It was alleged that the land was used for largescale illegal waste activities for a period of around 7 months.  

Local residents complained of numerous HGV’s attending the site and fires regularly burning, one witness described that they ‘couldn’t breathe because of the smell of burning plastic’ and were concerned about the impact on their health.  The Fire Service had to attend the site on 6 occasions with an estimated cost of £100k.

During the investigation the EA set up CCTV surveillance cameras which produced evidence of the comings and goings at the site.  Significant evidence also came from statements from EA officers attending the site, numerous pictures taken and expert reports in relation to the amount of waste deposited and the contamination of the land.  It was estimated that the waste deposited, both buried and left piled on the site, amounted to 11,000 tonnes with the avoided disposal costs estimated at £1.2million.

Following careful discussions our client pleaded guilty on a limited basis, and also committed to clear the waste from the site.  Unlike the majority of co-defendants our client avoided immediate custody receiving a suspended sentence

Our head of litigation Amy Cox prepared this case, assisted by trainee solicitor Annie Loh. Tim Cray KC of 7 Harrington Street Chambers was instructed Counsel.

Read more here:

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