Effluent in UK Law

In applying the words of the statute in the light of the decision of this House in Alphacell Ltd. v. Woodward, I am of opinion that Yorkshire Water Services having set up a system for gathering effluent into their sewers and thence into their sewage works there to be treated, with an arrangement deliberately intended to carry the results of that treatment into controlled waters, the special circumstances surrounding the entry of iso-octanol into their sewers and works does not preclude the conclusion that Yorkshire Water Services caused the resulting poisonous, noxious and polluting matter to enter the controlled waters, notwithstanding that the constitution of the effluent so entering was affected by the presence of iso-octanol. In applying the words of the statute in the light of the decision of this House in Alphacell Ltd. v. Woodward, I am of opinion that Yorkshire Water Services having set up a system for gathering effluent into their sewers and thence into their sewage works there to be treated, with an arrangement deliberately intended to carry the results of that treatment into controlled waters, the special circumstances surrounding the entry of iso-octanol into their sewers and works does not preclude the conclusion that Yorkshire Water Services caused the resulting poisonous, noxious and polluting matter to enter the controlled waters, notwithstanding that the constitution of the effluent so entering was affected by the presence of iso-octanol.

I think it is important and in accordance with the exposition given in Alphacell Ltd. v. Woodward that the word "cause" is to be used in its ordinary sense in these provisions and it is not right as a matter of law to add further requirements. I think it is important and in accordance with the exposition given in Alphacell Ltd. v. Woodward that the word "cause" is to be used in its ordinary sense in these provisions and it is not right as a matter of law to add further requirements.