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No surrender to 'green' prosecutions

A Manchester solicitor has urged companies not to surrender to prosecutions brought by the Environmental Agency after successfully defending a garage accused of transferring controlled waste to an unauthorised person.

The Yorkshire garage, which supplies and fits tyres, was prosecuted under the Environmental Protection Act. Law firm Rowe and Cohen argued that while the garage had failed to conform to certain provisions of the relevant code, it had fulfilled its statutory duty.

John Swarbrick, of Rowe and Cohen, said: “When considering duty of care, there is a tendency to give undue weight to the contents of the code of practice.

“It is, however, an individual's obligation to comply with the Act, rather than the code, and this case illustrates the point clearly.”

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