An award of costs is inevitable after a finding of statutory nuisance and such costs include cost of establishing the nuisance. ‘The wide discretion as to whether to grant an adjournment conferred by section 10 and section 54 of the Magistrates’ Court Act 1980 cannot, usually, be impugned. But it is a power which must not be exercised in a manner which undermines the statute under which the proceedings are brought or in a way which deprives a litigant of rights conferred by that statute. An adjournment cannot be granted if the only purpose is to avoid the consequences which the law provides will follow, should the hearing continue.’
Moses J, Lord Justice Schiemann
Times 12-Dec-1997, [1997] EWHC Admin 1043, [1999] 1 WLR 642, [1998] 2 EGLR 19, [1998] EHLR 42, [1998] Env LR 354, [1998] 1 All ER 759, [1998] 18 EG 133, (1998) 30 HLR 902
Bailii
Environmental Protection Act 1990, Magistrates Courts Act 1980 54
England and Wales
Citing:
Cited – Regina v Walsall Justices, ex parte W (a minor) QBD 1990
A youth was charged with causing grievous bodily harm. His trial was fixed for 11 October 1988. On the date of trial, the prosecution applied for an adjournment on the grounds that, if the trial proceeded immediately and the magistrates decided that . .
Cited by:
Cited – North British Housing Association Ltd v Matthews, Same v Others CA 21-Dec-2004
In each case the tenants requested adjournment of the possession proceedings brought against them by the landlord for arrears of rent to allow them time to bring the arrears below the level at which a possession order could be made. In each case it . .
Cited – Commissioner of Police of the Metropolis v Hooper QBD 16-Feb-2005
The police applied to the court for a closure order in respect of premises they said were being used for the sale of Class A drugs. The tenant sought an adjournment, which was granted as were two later applications. On the last hearing, the police . .
Lists of cited by and citing cases may be incomplete.
Costs, Magistrates
Updated: 03 January 2022; Ref: scu.137988