High Court injunctions for notices EPA 1990 s. 24
Enforcing authorities can seek High Court proceedings under EPA 1990 s. 24 if criminal prosecution under section 23(1)(c) would be an ineffectual remedy.
If the enforcing authority is of the opinion that proceedings for an offence under section 23(1)(c) above would afford an ineffectual remedy against a person who has failed to comply with the requirements of an enforcement notice or a prohibition notice, the authority may take proceedings in the High Court or, in Scotland, in any court of competent jurisdiction for the purpose of securing compliance with the notice.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
When an enforcing authority serves an enforcement notice or a prohibition notice, failing to comply with that notice is ordinarily a criminal offence prosecuted under section 23(1)(c). However, standard criminal proceedings may take time or result in fines that fail to prevent ongoing harm.
If the authority believes prosecuting the offender would provide an ineffectual remedy, this provision allows them to apply directly to the High Court or a Scottish court of competent jurisdiction. This enables the regulator to seek civil remedies such as an injunction to compel immediate compliance with the notice.
When it applies
- A factory continues discharging toxic waste despite a prohibition notice because the financial gain outweighs potential criminal fines.
- A site operator refuses to modify illegal emissions after an enforcement notice, creating an urgent threat to local public health.
- An enforcing authority requires a High Court order to stop persistent non-compliance when summary criminal penalties have proven ineffective.
What this section does not say
- Standard criminal prosecutions for failing to comply with notices, which are brought under section 23.
- Court orders following a criminal conviction directing the offender to remedy the cause of the offence, governed by section 26.
- Direct physical action by the chief inspector to remedy environmental harm, governed by section 27.
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This page reproduces the text of EPA 1990 s. 24 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.