R v. Ettrick Trout Co Ltd & Anor

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19/10/1993

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Court of Appeal

A defence attacking a discharge consent order made 13 years previously to a charge of breach of the order amounts to an abuse of process. The order could only be challenged by judicial review.

Appeal arising from a charge of permitting trade effluent to be discharged into controlled waters contrary to s.107(1)(c) Water Act 1989.

HELD: The defence could not attack the relevant consent discharge order and invite the jury to conclude on expert evidence 13 years after the order had been made that the volume of water discharge condition was invalid. Such an attack had to be made by application for judicial review. A defence in the present form amounted to an abuse of process.