[2003] EWHC 448 (Admin)

The defence under Water Resources Act s.89(1)(a) of causing entry of poisonous, noxious or polluting matter into controlled waters in order to avoid danger to life or health could apply at a late stage in the chain of causation such that, on the facts, although the initial cause of a spillage was a tyre blow out, a driver's decision to pull over onto the hard shoulder of a motorway resulting in the entry of the pollutant was a defence where it had been done to avoid danger to life or health.

DC (Hale LJ, Hallett J)

27/02/2003