In relation to a prosecution by the Environment Agency of the chairman and treasurer of a golf club in respect of the leakage of heating oil from an underground pipe between a storage tank and boiler at a golf club, the Court of Appeal ruled on 28 August that the prosecution could be brought, at the prosecution’s discretion, either against the club in its own name or against individual members and that the trial judge was wrong to conclude that individual liability of officers or members of an unincorporated association could be no different from that of companies.

As the prosecution conceded that the case should have been brought against the club and it was not in the interests of justice to order a fresh trial against the defendants, their acquittal was directed.

R v RL and JF [2008] EWCA 1980