It was under the Environment Agency’s remit to investigate alleged criminal infringements of environmental law, that it became involved in the lives of my clients Mark and Lisa Walters, two farmers.
The Environment Agency made an application to the Magistrates’ Court for a search warrant to enter and inspect Mark and Lisa’s home under Section 108/Schedule 18 of the Environment Act 1995.
In the early hours of the morning my clients Mark and Lisa were in bed when they were awoken by loud banging and kicking noises from the front door of their home.
Mark jumped out of bed, got partially dressed and answered the front door, where he was met by the terrifying sight of a large group of men, dressed all in black and armed with crowbars and batons – his immediate impression was that the group of strangers resembled a paramilitary force and he at first believed that his home was being subjected to an aggravated burglary.
These individuals were in fact officers of the local Police Force, who had been enlisted by the Environment Agency to assist them in executing the search warrant. The purpose of the search warrant was to examine business records, belonging to Appleby Recycling, for evidence of alleged unauthorised waste activity. Appleby was a company run by a close relative of Mark, which operated on land owned by Mark.
The men ordered Mark to step outside, but initially he refused to do so having received no indication from the group as to who they were and not wishing to abandon his family to whatever their intentions were.
As a result, Mark found himself being aggressively manhandled to the floor, where his arms were pulled behind his back and handcuffed to the rear. As Mark lay defenceless and handcuffed upon the floor, he was threatened he would be tasered if he moved.
Lisa and their teenage daughters had now also been awoken and startled by this invasion of their home and Mark was caused to feel further distress at the thought of how terrified his wife and children were at the threat both to himself and themselves.
Mark was then marched out of his house and to a police vehicle outside.
Mark was now officially informed that he was under arrest in relation to suspected involvement in illegal deposits of waste by Appleby Recycling. He was then transported to a distant Police Station, taken into custody and processed.
Later that evening Mark was interviewed by officers from the Environment Agency before being released on bail. He felt the force used against him, as well as the fact of his detention was all completely unnecessary; he had no involvement in any ‘illegal waste’ activity, and his innocence would in due course be vindicated by the total collapse of the case against him.
Whilst Mark was being detained at the Police Station, officers of the Environment Agency carried out a full and extensive search of his family home – which resulted in no documentation actually being recovered or seized.
It subsequently became clear that the execution of the warrant had been unlawful from the start because it was a legal requirement that any entry/search of residential premises, such as Mark and Lisa’s home, required the prior issuing of at least 7 days’ notice to the occupiers. No such notice was provided to Mark or Lisa.
I pursued claims on behalf of Mark and Lisa against both the Environment Agency and the Police for Trespass to Land, wrongful arrest, assault and Misfeasance in Public Office.
Although both Defendants denied liability, following the threat of court proceedings, the Environmental Agency agreed to settle Mark and Lisa’s claims for £25,000 plus legal fees.
