In the Scottish Courts
| DOI | 10.1177/002201838104500306 |
| Published date | 01 August 1981 |
| Date | 01 August 1981 |
| Subject Matter | Article |
In
the
Scottish
Courts
Comments
on
Cases
"CAUSING"
POLLUTION
Lockhart v. National Coal Board
The High Court of Justiciary has shown a tendency in recent years to
follow decisions of the House of Lords in comparable English matters
involving statutory offences where the alleged contravention involves
causing or permitting. One such decision is Lockhart v. National Coal
Board (High Court, Justiciary Appeal, 10th February, 1981 as yet
unreported) in which the Scottish Court followed the well-known
English decision of Alphacell v. Woodward [1972] A.C. 324; 36 J.C.L.
176.
The Board had been charged with causing or knowingly permitting
poisonous, noxious or polluting matter to enter a stream near a disused
colliery.
It
appeared that colliery operations had ceased in 1977
together with pumping operations which had kept water from the
mine workings. On the cessation of those workings, the pumping
system was also discontinued with the result that the mine filled with
water which reacted with oxidised pyrite to form a poisonous and
polluting solution. This duly found its way into a stream nearby.
In the Sheriff Court, the Board was acquitted on the view that evi-
dence as to "causing" should be confined to actings of the Board
between the dates libelled in the complaint. Those dates included a
period of a few months in 1979, a period for which there was no
evidence to the effect that the Board had caused the contravention. In
fact, the mine had been closed some two years previously and the
Crown tried to lead evidence of actings prior to the dates libelled in an
attempt to bring home guilt to the accused.
On appeal it was held that evidence of prior actings should have
been allowed. In considering the question of causation the reasoning
of the House of Lords in Alphacell was applied, the High Court holding
163
To continue reading
Request your trial