Norbrook Laboratories Ltd v Department of the Environment for NI
| Jurisdiction | Northern Ireland |
| Judge | Morgan LCJ |
| Judgment Date | 2011 |
| Neutral Citation | [2011] NICA 38 |
| Date | 06 September 2011 |
| Court | Court of Appeal (Northern Ireland) |
1
Neutral Citation No. [2011] NICA 38 Ref:
MOR8271
Judgment: approved by the Court for handing down Delivered:
6/9/11
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
Between:
NORBROOK LABORATORIES LIMITED
Appellant;
-and-
THE DEPARTMENT OF THE ENVIRONMENT FOR NORTHERN
IRELAND
Respondent.
________
An appeal by way of case stated by His Honour Judge McFarland
sitting in the County Court for the Division of Armagh and South Down
pursuant to article 61 of the County Courts (Northern Ireland) Order 1980
________
Before: Morgan LCJ, Coghlin LJ and Sir John Sheil
________
MORGAN LCJ
[1] The appellant appeals by way of case stated from an order of
HHJ McFarland sitting at Newry County Court on 28 April 2010 by which he
dismissed the appellant’s appeal against conviction in respect of 8 charges of
operating an incineration machine without a permit contrary to regulations
9(1) and 33(1)(a) of the Pollution Prevention and Control Regulations
(Northern Ireland) 2003 (the PPCR) as amended by the Waste Incineration
Regulations (NI) 2003 (WIR). The question posed is whether he was correct in
law to decline to stay the prosecution against the defendant as an abuse of the
process of the court.
[2] All of the convictions relate to the operation without a permit of
incinerating machines at three sites in Newry between September 2004 and
February 2005. In early 2004 the appellant had installed three Surefire
incinerators at the said premises and on the relevant dates used them for the
incineration of non-toxic waste such as polythene, wood and cardboard.
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