It was alleged that on 2 December 1996, Brock Plc had caused polluting matter, namely tip leachate, to enter a ditch, a tributary of the River Dibbin from Hooton landfill site at Ellesmere Port contrary to Section 85 (1) and (6) of the Water Resources Act 1991. The magistrates acquitted the company but stated a case for the opinion of the High Court. The central question was whether on the facts found by the magistrates they were able to find that the company had not caused the entry of leachate into the ditch because the company had not known of its escape. The court held that the magistrates were not aware at the time of their decision of the decision of the House of Lords in the Empress Car Company (Abertillery) Ltd v. National Rivers Authority Case making it clear that liability under Section 85 (1) is not based on negligence but is strict. The matter was remitted back to the magistrates with a direction to convict the company.