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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Millmore & Ors v Environment Agency  EWHC 443 (Admin) (29 January 2019)
Cite as:  Env LR 22,  EWHC 443 (Admin),  WLR(D) 128,  LLR 346,  PTSR 1330
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QUEEN'S BENCH DIVISION
B e f o r e :
MR JUSTICE HOLGATE
|MILLMORE AND OTHERS||Appellants|
|- and -|
MR J HODIVALA (instructed by Tuckers Solicitors LLP) appeared on behalf of the First Appellant Millmore.
MR A McGEE (instructed by Tuckers Solicitors LLP) appeared on behalf of the Second Appellant Annetts.
MR I DANIELS (instructed by Tuckers Solicitors LLP) appeared on behalf of the Third Appellant Rowbottom.
MS E SANDERSON (instructed by Tuckers Solicitors LLP) appeared on behalf of the Fourth Appellant Parker.
MS S RITCHIE (instructed by Tuckers Solicitors LLP) appeared on behalf of the Fifth Appellant Smith.
MR A MARSHALL and MISS R VANSTONE (instructed by the Government Legal Department) appeared on behalf of the Respondent.
Crown Copyright ©
LORD JUSTICE LEGGATT:
"(a) to enter at any reasonable time (or, in an emergency, at any time and, if need be, by force) any premises which he has reason to believe it is necessary for him to enter;
(c) to make such examination and investigation as may in any circumstances be necessary;
(j) to require any person whom he has reasonable cause to believe to be able to give any information relevant to any examination or investigation under paragraph (c) above to answer (in the absence of persons other than a person nominated by that person to be present and any persons whom the authorised person may allow to be present) such questions as the authorised person thinks fit to ask and to sign a declaration of the truth of his answers;
(k) to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records –
(i) which are required to be kept under the pollution control enactments for the enforcing authority under whose authorisation he acts, or
(ii) which it is necessary for him to see for the purposes of an examination or investigation under paragraph (c) above,
and to inspect and take copies of, or of any entry in, the records;
(l) to require any person to afford him such facilities and assistance with respect to any matters or things within that person's control or in relation to which that person has responsibilities as are necessary to enable the authorised person to exercise any of the powers conferred on him by this section."
"(1) It is an offence for a person intentionally to obstruct an authorised person in the exercise or performance of his powers or duties.
(2) It is an offence for a person, without reasonable excuse, -
(a) to fail to comply with any requirement imposed under section 108 above;
(b) to fail or refuse to provide facilities or assistance or any information or to permit any inspection reasonably required by an authorised person in the execution of his powers or duties under or by virtue of that section; or
(c) to prevent any other person from appearing before an authorised person, or answering any question to which an authorised person may require an answer, pursuant to subsection (4) of that section."
"Except in an emergency, where an authorised person proposes to enter any premises and –
(a) entry has been refused and he apprehends on reasonable grounds that the use of force may be necessary to effect entry, or
(b) he apprehends on reasonable grounds that entry is likely to be refused and that the use of force may be necessary to effect entry,
any entry on to those premises by virtue of this section shall only be effected under the authority of a warrant by virtue of Schedule 18 to this Act."
"(a) that the exercise of the power in relation to the premises has been refused;
(b) that such a refusal is reasonably apprehended;
(c) that the premises are unoccupied;
(d) that the occupier is temporarily absent from the premises and the case is one of urgency; or
(e) that an application for admission to the premises would defeat the object of the proposed entry."
Robert Parker and Matt Annetts
Transcribed by Opus 2 International Ltd.
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This transcript has been approved by the Judge.