This was an appeal by the London Borough of Camden against a decision of the Magistrates Court dismissing summonses brought against the Mortgage Times Group Ltd.

Camden alleged three offences against Section 34 (1)(b) of the Environmental Protection Act 1990. Camden alleged that Mortgage had failed to take all such measures as were reasonable to prevent the escape of controlled waste from its control on three occasions. The controlled waste complained of were plastic bags containing shredded paper placed on the public highway before the advertised collection time. Camden argued that in depositing the controlled waste before the advertised collection time, Mortgage or their agents, had allowed the waste to escape from their control.

Did depositing controlled waste on the highway constitute an offence for the purposes of Section 34 of the Environmental Protection Act 1990?