Department of the Environment and Heritage Service v Felix O'Hare & Co Ltd and James Phillips t/a Phillips Contracts
| Jurisdiction | Northern Ireland |
| Judge | Girvan LJ |
| Judgment Date | 2007 |
| Neutral Citation | [2007] NICA 45 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 27 November 2007 |
Neutral Citation no. [2007] NICA 45 Ref:
GIRC5980
Judgment: approved by the Court for handing down Delivered:
27/11/07
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
ON APPEAL BY WAY OF CASE STATED UNDER THE MAGISTRATES
COURTS (NORTHERN IRELAND) ORDER 1981
________
BETWEEN:
DEPARTMENT OF THE ENVIRONMENT
AND HERITAGE SERVICE
Complainant/Appellant;
and
FELIX O’HARE & CO LTD and JAMES PHILLIPS t/a
PHILLIPS CONTRACTS
Defendants/Respondents
________
GIRVAN LJ
[1] This appeal comes before the court by way of a case stated dated 15
December 2006 from a Resident Magistrate sitting at the Magistrates’ Court in
Downpatrick on 6 December 2006. The question posed by the Resident
Magistrate in the case stated is as follows:
“Whether I was correct in law in finding that soil and clay removed
from a playing field site in advance of the erection of an extension to a
building was not controlled waste under the Waste and Contaminated
Land (Northern Ireland) Order 1997.”
[2] The Department of the Environment (“the Department”) laid
complaints against Felix O’Hare & Co Ltd (“the first respondent”) and James
Phillips trading as Phillips Contracts (“the second respondent”) and also
Samuel Johnston alleging breaches of Article 4(1)(a), 4(6), Article 5(1)(a),
5(1)(c)(ii) and 5(8) of the Waste and Contaminated Land (Northern Ireland)
Order 1997 (“the 1997 Order”).
[3] The summonses against the respondents were heard at Downpatrick
Magistrates’ Court on 6 December 2007. The evidence before the Resident
Magistrate was presented in the form of agreed written evidence. The factual
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6 cases
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R v W and Others
...with the recovery and re-use of materials more akin to those with which we are concerned here. 25 In Department of the Environment and Heritage Service v Felix O'Hare &anor. [2007] NICA 45, the Court of Appeal in Northern Ireland was concerned with soil and clay removed from a playing fiel......
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Godwin Chukwnaenya Ezeemo, Reliance Export Ltd, BJ Electronics Ltd, Chika Ezeemo, Joseph Benson, Orient Export Ltd, Nnamdi Chinedu Ezechukwu v R
...paragraph 34: 34. We conclude, like the Court of Appeal in Northern Ireland [in Department of the Environment v Felix O'Hare and Another [2007] NICA 45], that excavated soil which has to be discarded by the then "holder" is capable of being waste within the Act and, in any individual case, ......
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Queen v William Robert Thompson Morrow
...European Court and in the various UK jurisdictions. A worthwhile starting point is the judgment of Girvan J in the case of DEHS v O’Hare [2007] NICA 45 at paragraphs [13] and [14] where he stated: “[13] In the decision of the European Court of Justice in Tombesi [1997] All ER (639) the cour......
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Landmore Limited V. Shanks Dumfries And Galloway Limited
...the Northern Irish Court of Appeal in Department of the Environment and Heritage Service v Felix O'Hare & Co Ltd and Phillips Contracts [2007] NICA 45. Although the court in that case was again concerned with the interpretation of a particular statutory regulation, the analysis of whether s......
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