The High Court allowed Wicklow County Council to add Dean Waste Company Limited and Samuel Stears as defendants in proceedings concerning alleged waste pollution at Whitestown, County Wicklow. The court dismissed the case against A1 Environmental Management Limited and John Campbell, and made no order on whether Una Dean should remain a party.
In a judgment given on 8 February 2006, Mr Justice Clarke considered the Council’s application to add or substitute defendants alongside an application by the eighth to eleventh named defendants to have the proceedings against them struck out. The judgment addressed party status and joinder; it did not determine who unlawfully disposed of waste or make a final finding on the alleged pollution.
The Council’s investigation found waste in an area called Landfill No. 4 in black plastic sacks marked “A1 Waste”. The Council said that searches showed several similarly named waste businesses were trading names of Dean Waste, and relied on the shared registered address of Dean Waste and A1, company-director links, and a telephone number on the sacks. It argued that Dean Waste was the correct company to be joined. The judgment records that A1 had not been incorporated when the events underlying the case occurred.
Clarke J considered the application under Order 15, rule 13 of the Rules of the Superior Courts. He said there was no limitation issue and that a bona fide mistake in naming a party did not need to be established under that rule. The court could join necessary parties and address the consequences of late joinder through directions or costs.
The judge dismissed the proceedings against A1, finding they had no reasonable prospect of success, but said there was sufficient evidence at this stage to add Dean Waste. He also added Stears, finding sufficient grounds to join him as a director of Dean Waste and citing authority for possible “fallback” orders against directors of corporate defendants.
The court made no order concerning Una Dean. Clarke J said there were arguable grounds that the approach to interpreting domestic law to enforce EU environmental law could extend to people who were directors at the relevant time but had since left office. He dismissed the proceedings against Campbell because his role as company secretary did not give him control or management, and no other involvement was then evidenced. The Council could apply to join him if evidence of other involvement emerged. The judge clarified that the Anthony Dean already named as a party was Anthony Dean Senior, whom he considered an appropriate continuing party.