Facts
Rhondda Waste Disposal Ltd, a company wholly owned by Rhondda Cynon Taf County Borough Council ran a landfill site under a waste management licence in Nant-y-Gwyddon, Rhondda Valley. The Environment Agency served an enforcement notice against Rhondda, telling it to comply with its licence terms, under s.33(6), Environmental Protection Act 1990. It then got an injunction. Rhondda failed to change in the next six months. So Rhondda petitioned for an administration order. The administrator asked the court to clarify whether the Environment Agency needed leave under the Insolvency Act 1986, s.10(1)(c) ands.11(3)(d) to bring criminal prosecutions.
Judge Moseley QC, Deputy High Court Judge of the Chancery Division, held it did. The Environment Agency appealed, arguing the words "other proceedings" in the sections were not intended to cover environmental and criminal proceedings, but only recovery of money.
Read more about this topic: Environment Agency V Clark
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