R (on the application of National Grid Gas plc (formerly Transco plc)) (Appellants) v. Environment Agency (Respondents) (Civil Appeal from Her Majesty's High Court of Justice) [electronic resource]
R (on the application of National Grid Gas plc (formerly Transco plc)) (Appellants) v. Environment Agency (Respondents) (Civil Appeal from Her Majesty's High Court of Justice) [electronic resource]
- 2007
[2007] UKHL 30, 27 June 2007. National Grid Gas (N) appealed against the decision (L133798) that it should bear the cost of remediation works undertaken by the Environment Agency (E). E had removed contaminated materials (coal tar) from beneath 11 residential properties. The materials had been buried at some unknown time in the past, presumably prior to the 1948 nationalisation of the gas industry. The judge held that the term "person" in the Environmental Protection Act 1990 s78F referred to any parties to whom liability for pollution was passed. The liability for pollution had been deemed to have passed from the British Gas Corporation, via British Gas plc, to Transco in the 1990s and ultimately to N. "Held": The burden placed by the judge on legislative language was untenable. It could not be inferred that the term "person" in the 1990 Act was intended to be transferred to any party who subsequently took possession of the land. Furthermore such a decision would undermine the basis on which British Gas shares were sold to the public, by reducing their value due to the actions of previous private companies before 1948. N should not be held liable for the actions of unrelated private companies. Appeal allowed.
GAS ACT 1948
GAS ACT 1948 S17(1)
ENVIRONMENTAL PROTECTION ACT 1990 S78F(2)
ENVIRONMENTAL PROTECTION ACT 1990 S49(1)
United Kingdom--
[2007] UKHL 30, 27 June 2007. National Grid Gas (N) appealed against the decision (L133798) that it should bear the cost of remediation works undertaken by the Environment Agency (E). E had removed contaminated materials (coal tar) from beneath 11 residential properties. The materials had been buried at some unknown time in the past, presumably prior to the 1948 nationalisation of the gas industry. The judge held that the term "person" in the Environmental Protection Act 1990 s78F referred to any parties to whom liability for pollution was passed. The liability for pollution had been deemed to have passed from the British Gas Corporation, via British Gas plc, to Transco in the 1990s and ultimately to N. "Held": The burden placed by the judge on legislative language was untenable. It could not be inferred that the term "person" in the 1990 Act was intended to be transferred to any party who subsequently took possession of the land. Furthermore such a decision would undermine the basis on which British Gas shares were sold to the public, by reducing their value due to the actions of previous private companies before 1948. N should not be held liable for the actions of unrelated private companies. Appeal allowed.
GAS ACT 1948
GAS ACT 1948 S17(1)
ENVIRONMENTAL PROTECTION ACT 1990 S78F(2)
ENVIRONMENTAL PROTECTION ACT 1990 S49(1)
United Kingdom--