Precedent set as 626,000 won from illegal waste dumper

The warning comes from legal firm Burgess Salmon and the Environment Agency, who have worked with a London property company that has just won an unprecedented 624,000 settlement from an ex-tenant that had been dumping waste.

Basingstoke-based Secondsite Property Holdings had intended to sell its site at Leeside in Tottenham after the end of the tenancy of Deery Construction Ltd (DCL).

However, after DCL went into liquidation, Secondsite found that 400,000 tonnes of various types of waste had been left on the site – rendering a property sale impossible.

While DCL director Kevin Deery was fined 17,000 by Haringey magistrates for the waste dumping offence – his firm had been licensed to store only 15,000 tonnes of waste on the site – Secondsight was advised by legal experts Burgess Salmon to make a civil claim for losses incurred.

Act
The settlement came under a provision of the Environment Protection Act 1990, which has been rarely – if ever – used according to Burgess Salmon, but which could now be used in more cases.

Michael Barlow, a specialist environmental litigator at Burgess Salmon, said: “The case shows that it is possible for individuals and companies to recover losses arising from the unlawful deposit of waste.

“Further, there are similar provisions in other Acts which regulate activities which harm the environment. These sections are rarely, if ever, used. It is important that companies and company directors are aware that if they pollute the environment they could be facing significant claims against them and it is also important for those who are affected by those offences to know that there may be a remedy available to them,” Mr Barlow said.

Agency
Burgess Salmon said the civil case could only have succeeded with the co-operation of the Environment Agency, which provided evidence and witnesses in the trial against Mr Deery.

Following the settlement, Environment Agency officer Toby Wymer said the case showed that illegal waste operators could have huge costs compensating landowners or other third parties who have had to pay for clear up operations.

Mr Wymer said: “This settlement clearly shows that even after the Environment Agency has brought its criminal prosecution, illegal operators could find themselves back in court for the damage they have caused.”