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Regina v Environmental Agency, ex parte Marchiori and Another: QBD 12 Apr 2001

The Agency had granted licences for the disposal of nuclear waste from military sites by a private company. Such disposals were not governed by the Euratom Treaty, which dealt with civil wastes only. The matter was generated in the course of the Trident nuclear weapons programme, the legality of which under international law, which the … Continue reading Regina v Environmental Agency, ex parte Marchiori and Another: QBD 12 Apr 2001

Regina v Hertfordshire County Council, ex parte Green Environmental Industries Ltd and Another: HL 17 Feb 2000

A notice was given to the holder of a waste disposal licence to require certain information to be provided on pain of prosecution. The provision of such information could also then be evidence against the provider of the commission of a criminal offence. Held: Nevertheless, the provision of such information was required in this case, … Continue reading Regina v Hertfordshire County Council, ex parte Green Environmental Industries Ltd and Another: HL 17 Feb 2000

Criminal Proceedings Against Zwartveld and Others: ECJ 13 Jul 1990

Europa European Communities – Institutions – Obligations – Duty to cooperate with national authorities acting to ensure respect for Community law – Implementation – Disclosure of documents and authorization of officials to give evidence – Legitimate grounds of refusal – Review by the Court The Community institutions’ duty of sincere cooperation with the judicial authorities … Continue reading Criminal Proceedings Against Zwartveld and Others: ECJ 13 Jul 1990

Regina v Hertfordshire County Council ex parte Green Environmental Industries Limited, Moynihan: CA 9 Oct 1997

There was no protection against self-incrimination where information was properly required by the Waste Regulation Authority to carry out its duties. Citations: Times 09-Oct-1997, [1997] EWCA Civ 2279 Statutes: Environmental Protection Act 1990 71(2) Jurisdiction: England and Wales Cited by: Cited – C Plc and W v P and Secretary of State for the Home … Continue reading Regina v Hertfordshire County Council ex parte Green Environmental Industries Limited, Moynihan: CA 9 Oct 1997

Environment Agency v Armstrong Environmental Services Ltd: Admn 22 Mar 2005

Judges: Rose LJ, Holland J Citations: [2005] EWHC 633 (Admin) Links: Bailii Statutes: Environmental Protection Act 1990 33(1)(a) Jurisdiction: England and Wales Cited by: Cited – Skipaway Ltd v The Environment Agency Admn 5-May-2006 The defendant appealed convictions for breaches of its waste management licence, in that waste had been stored outside the edges of … Continue reading Environment Agency v Armstrong Environmental Services Ltd: Admn 22 Mar 2005

Environment Agency v M E Foley Contractors ltd and Another: QBD 18 Jan 2002

The defendant company did not accept that it had accepted special waste at its disposal plant. Instead they claimed to have the appropriate licence or exemption. Held: The burden of establishing acceptance of special waste was not on the defendant ,on a balance of probabilities, but lay on the prosecution. In effect he was claiming … Continue reading Environment Agency v M E Foley Contractors ltd and Another: QBD 18 Jan 2002

Regina (Marchiori and Another) v Environmental Agency: QBD 1 May 2001

The Agency had granted licences for the disposal of nuclear waste from military sites by a private company. Such disposals were not governed by the Euratom Treaty, which dealt with civil wastes only. The matter was generated in the course of the Trident nuclear weapons programme, the legality of which under international law, which the … Continue reading Regina (Marchiori and Another) v Environmental Agency: QBD 1 May 2001

Marleasing SA v La Comercial Internacional de Alimentacion SA: ECJ 13 Nov 1990

Sympathetic construction of national legislation LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC Directive designed to protect companies and third parties from the adverse effects of the doctrine of nullity. … Continue reading Marleasing SA v La Comercial Internacional de Alimentacion SA: ECJ 13 Nov 1990

Regina v Secretary of State for Transport, ex parte Factortame (No 2): HL 11 Oct 1990

The validity of certain United Kingdom legislation was challenged on the basis that it contravened provisions of the EEC Treaty by depriving the applicants of their Community rights to fish in European waters, and an interlocutory injunction was sought against the Secretary of State to restrain enforcement of that law pending a reference. The House … Continue reading Regina v Secretary of State for Transport, ex parte Factortame (No 2): HL 11 Oct 1990

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

In Re Rhondda Waste Disposal Company Ltd (In Administration): ChD 13 Aug 1999

Where a company had gone into administration, it was not correct for a criminal prosecution under the Act to proceed without first getting the consent of the court or of the company’s administrator. Such proceedings constituted ‘other proceedings’ under the Insolvency Act. The divisional court was not bound by decisions of the Court of Session … Continue reading In Re Rhondda Waste Disposal Company Ltd (In Administration): ChD 13 Aug 1999

Thornby Farms Ltd, Murray v Daventry District Council, Derbyshire County Council: CA 22 Jan 2002

Two parties appealed against the grant of licences for plants for the disposal of animal carcasses. The plants would increase the amount of emissions into the environment. Held: An objective was different to a material consideration. An objective was something to be kept in mind at all stages of an assessment, and even when considering … Continue reading Thornby Farms Ltd, Murray v Daventry District Council, Derbyshire County Council: CA 22 Jan 2002

Furness and Others v Thames Water Services Ltd, Environment Agency: Admn 17 Dec 2001

The Environment Agency had granted a licence for the incineration of waste, and this was challenged by the claimants, on the basis of the respondents having failed to comply with the procedures required by the Act and Regulations. The regulations included transitional procedures. They said the Agency had no standing under the Act to issue … Continue reading Furness and Others v Thames Water Services Ltd, Environment Agency: Admn 17 Dec 2001

Regina v Environment Agency, ex parte Castle Cement Ltd: QBD 5 Apr 2001

The applicant burned Cemfuel in its Cement Works. The Agency changed the licence conditions to declare that Cemfuel was a hazardous waste. The issue was whether the recovery of Cemfuel from waste created a product no longer waste, and that process was complete by the time it came to be used by them. It was … Continue reading Regina v Environment Agency, ex parte Castle Cement Ltd: QBD 5 Apr 2001

Birmingham City Council v Oakley: HL 29 Nov 2000

When considering if premises fell within the section, and were ‘in such a state as to be prejudicial to health’, the court must consider some feature of the premises which was in itself prejudicial. An arrangement of rooms which was unsatisfactory and might be considered insanitary did not fall within the provision. The risk of … Continue reading Birmingham City Council v Oakley: HL 29 Nov 2000

Watkins v Aged Merchant Seamen’s Homes: Admn 17 Apr 2018

This case is about who can bring a complaint of statutory nuisance in respect of premises. Such a claim must be, and can only be ‘made by any person on the ground that he is aggrieved by the existence of a statutory nuisance’. (section 82(1) of the Environmental Protection Act 1990 (the 1990 Act)). The … Continue reading Watkins v Aged Merchant Seamen’s Homes: Admn 17 Apr 2018

Surrey Free Inns v Gosport Borough Council: CA 12 Jun 1998

A noise abatement notice had been served, and appealed to the magistrates. By the time the matter came before the Crown Court, the bar had been soundproofed. The question then was which was the applicable time. Held: In view of the contrasting authorities, it was proper for the matter to go forward for a full … Continue reading Surrey Free Inns v Gosport Borough Council: CA 12 Jun 1998

Regina v Epping Forest District Council, ex parte Philcox (2): Admn 13 Apr 2000

Application for judicial review of the respondent’s decision to grant a certificate of lawful established use. The applicant submits that the respondent acted unlawfully because the person who made the successful application had been committing criminal offences under section 33(1)(a), (b) and (c) of the Environmental Protection Act 1990. Judges: Hooper J Citations: [2000] EWHC … Continue reading Regina v Epping Forest District Council, ex parte Philcox (2): Admn 13 Apr 2000

Albert Manley, Jennifer Manley v New Forest District Council: Admn 29 Jul 1999

A house owner gained permission to run a dog kennel. It grew and eventually the authority served a notice claiming it to be a statutory nuisance because of the noise. The defendants appealed asserting they had used the ‘best practicable means’ to reduce the noise. Held: It was not within the section to require such … Continue reading Albert Manley, Jennifer Manley v New Forest District Council: Admn 29 Jul 1999

Quigley v Liverpool Housing Trust: Admn 24 Jun 1999

The claimant appealed against rejection of her claim that the house of which she was tenant was in such a condition as to be prejudicial to health. Citations: [1999] EWHC Admin 593 Links: Bailii Statutes: Environmental Protection Act 1990 82 Jurisdiction: England and Wales Housing Updated: 28 May 2022; Ref: scu.139857

Lisa O’Toole v Knowsley Metropolitan Borough Council: Admn 18 May 1999

The respondent appealed by way of case stated a finding that a house was in the condition of being a statutory nuisance. They said that no evidence had been brought with regard to the health of the occupants or of any potential threat to health. Held: The evidence of the officers was capable of supporting … Continue reading Lisa O’Toole v Knowsley Metropolitan Borough Council: Admn 18 May 1999

Falmouth and Truro Health Authority v South West Water Services: Admn 23 Apr 1999

A watercourse for the purpose of the Act was only a limited area of water and could not include a river or an estuary. An authority serving an abatement notice in respect of sewerage discharges, was not under a duty to consult first with the water company, but should do so if it had raised … Continue reading Falmouth and Truro Health Authority v South West Water Services: Admn 23 Apr 1999

Hackney London Borough Council v Rottenberg: QBD 24 Jan 2007

The authority appealed the dismissal of a charge against the defendant rabbi on six counts of nuisance for noise of shouting clapping and stamping emanating from the synagogue to the annoyance of a neighbour. Held: The court was not obliged to accept the evidence of a witness, and did not have to accept that of … Continue reading Hackney London Borough Council v Rottenberg: QBD 24 Jan 2007

London Borough of Southwark v Venette Simpson: Admn 3 Nov 1998

It was not necessary for environmental health officers to possess medical qualifications to express opinion as to whether or not premises were prejudicial to health as defined by section 79(1)(a) of the Act. The council appealed a finding that premises constituted a statutory nuisance. Held: The parties had exchanged reports from environmental health officers. Their … Continue reading London Borough of Southwark v Venette Simpson: Admn 3 Nov 1998

Regina v Secretary of State for the Environment Transport and the Regions and Another, ex parte Watson; Sharpes International Seeds Ltd and Another, Interveners: Admn 10 Jul 1998

On a trial of genetically modified seeds, the Secretary of State was not irrational to rely on a report, saying that the risk of cross pollination with a neighbour’s organic produce was small. However the failure to carry out replicated trials, made it not a proper or effective scientific test. The trial was subject to … Continue reading Regina v Secretary of State for the Environment Transport and the Regions and Another, ex parte Watson; Sharpes International Seeds Ltd and Another, Interveners: Admn 10 Jul 1998

Environment Agency v Stanford: Admn 30 Jun 1998

The prosecutor appealed against the decision of magistrates to stay a prosecution as an abuse. Held: The decision of a prosecutor to prosecute remains his alone. Where no clear representations had been made that if certain works were carried out a prosecution would not follow, and the works were not carried out, the prosecution was … Continue reading Environment Agency v Stanford: Admn 30 Jun 1998

Surrey Free Inns Plc v Gosport Borough Council: Admn 28 Jan 1998

The local authority issued a noise nuisance abatement notice. By the time the matter came to the court, the nuisance had been abated. Held: The background situation justifying the issue of a nuisance abatement notice was to be assessed at the date at which it was issued, and not at the later date of a … Continue reading Surrey Free Inns Plc v Gosport Borough Council: Admn 28 Jan 1998

Kirklees Metropolitan Council v Field; Thackray; Marsh and Wilson: Admn 31 Oct 1997

An abatement notice requiring works to be carried out must state clearly what works are required or considered necessary. There was an imminent danger of the collapse onto some cottages of a rockface and wall where the notice was addressed to the respondents as owners of the rockface and wall and simply required them to … Continue reading Kirklees Metropolitan Council v Field; Thackray; Marsh and Wilson: Admn 31 Oct 1997

John Lowe and Sandra Watson v South Somerset District Council: Admn 7 Jul 1997

Nuisance abatement notice must state whether nuisance alleged is contrary to public health or common law.Appeal against enforcement notice for ‘the crowing of cockerels and the chorus of waterfowl.’ Citations: Times 18-Nov-1997, [1997] EWHC Admin 639 Links: Bailii Statutes: Environmental Protection Act 1990 80 Environment Updated: 26 May 2022; Ref: scu.137584

Regina v Metropolitan Stipendiary Magistrate, Ex Parte Mahmed Ali: Admn 28 Apr 1997

The applicant sought an order declaring the property he occupied to be a nuisance, and that his landlords must execute repairs. The authority replied that the applicant had not allowed them access in order to carry out the works (Kerr). The stipendiary magistrate dismissed the application without giving reasons. The applicant argued that Kerr applied … Continue reading Regina v Metropolitan Stipendiary Magistrate, Ex Parte Mahmed Ali: Admn 28 Apr 1997

Mountpace Ltd v London Borough of Haringey: Admn 28 Mar 2012

The case concerns the criminal liability under the ‘duty of care’ provisions of section 34 of the 1990 Act, of a commercial freeholder of property who verbally contracted out renovations works on the property, including the removal and disposal of any waste, to an independent contractor who on two successive days in December 2009 disposed … Continue reading Mountpace Ltd v London Borough of Haringey: Admn 28 Mar 2012

Vella v London Borough of Lambeth: Admn 14 Nov 2005

The claimant sought judicial review of the decision to serve an abatement notice in respect of premises where the normal noise incidents of living were heard in neighbouring flats, which notices were to be abated by noise insulation. Held: The contention that a lack of adequate sound insulation can cause premises to be in such … Continue reading Vella v London Borough of Lambeth: Admn 14 Nov 2005

Thames Water Utilities Ltd, Regina (on the Application Of) v Water Services Regulation Authority: QBD 28 Jul 2008

Whether escapes of waste water from a public sewerage system are ‘Directive waste’ within the scope of the Waste Framework Directive, and thus subject to the enforcement authority of the Environment Agency under section 33 of the 1990 Act. Held: Sewage which escaped from a public sewer was controlled waste. Judges: Lord Justice Carnwarth and … Continue reading Thames Water Utilities Ltd, Regina (on the Application Of) v Water Services Regulation Authority: QBD 28 Jul 2008

Sefton Metropolitan Borough Council (Decision Notice): ICO 27 Sep 2012

The complainant requested information concerning any entry under the Control of Pollution Act 1974 and the Environmental Protection Act 1990 for a specified location. Sefton Council (the Council) charged a fee to respond to the complainant’s request. The Commissioner’s decision is that the Council breached the EIR in this case in that it levied a … Continue reading Sefton Metropolitan Borough Council (Decision Notice): ICO 27 Sep 2012

Regina v Mildenhall Magistrates’ Court, Ex Parte Forest Heath District Council; Regina v North West Suffolk (Mildenhall) Magistrates’ Court ex parte Forest Heath District Council: CA 16 Apr 1997

The Magistrates appealed against an order of mandamus requiring a case to be stated after rejecting the request by the authority as frivolous. The authority had sought to prevent the emission of noise from land used for a Motocross racing track. Held: The appeal succeeded. Magistrates refusing to state a case should give brief reasons … Continue reading Regina v Mildenhall Magistrates’ Court, Ex Parte Forest Heath District Council; Regina v North West Suffolk (Mildenhall) Magistrates’ Court ex parte Forest Heath District Council: CA 16 Apr 1997

Haringey London Borough Council v Jowett: QBD 27 Apr 1999

Traffic noise from outside a building could not found an allegation of statutory nuisance. A landlord could liable for a nuisance he allowed to continue even though the same condition applied when he acquired his interest. Citations: Times 20-May-1999, [1999] EWHC Admin 365, [1999] 32 HLR 308 Links: Bailii Statutes: Environmental Protection Act 1990 79(1)(a) … Continue reading Haringey London Borough Council v Jowett: QBD 27 Apr 1999

Griffiths v Pembrokeshire County Council: QBD 19 Apr 2000

A smoke nuisance can be established on the basis of the smell of smoke alone. It was not necessary to establish the presence of visible smoke. Smoke primarily means visible smoke, but even in common parlance can include the smell. The statutory definition included soot, ash, grit and gritty particles. The smell related to the … Continue reading Griffiths v Pembrokeshire County Council: QBD 19 Apr 2000

Cunningham v Birmingham City Council: Admn 6 May 1997

The council appealed against the finding that the complainant’s premises occupied under a tenancy of the council, constituted a statutory nuisance which they had a duty to abate. The claimant’s son was disabled and his condition involved behavioural problems. She said that the kitchen was, in view of his condition too small and dangerous in … Continue reading Cunningham v Birmingham City Council: Admn 6 May 1997

Carr v Hackney London Borough Council: QBD 9 Mar 1995

The council tenant plaintiff alleged a statutory nuisance against the council in the form of condensation, damp and mould in his flat. When it came to the hearing the damp had abated. The magistrates asked whether it was likely to recur. The council replied that they had offered to install heaters in the property which … Continue reading Carr v Hackney London Borough Council: QBD 9 Mar 1995

Camden London Borough Council v London Underground Ltd: QBD 7 Jan 2000

The local authority served a noise nuisance abatement notice upon the respondents regarding their plant room. The notice required abatement and a non-repetition. The notice was not specific as to the works required to be undertaken. It was held that the notice was indeed insufficiently specific. Although it was possible to add to the notice … Continue reading Camden London Borough Council v London Underground Ltd: QBD 7 Jan 2000

British Waterways Board v Norman: QBD 11 Nov 1993

A solicitor cannot claim payment from the other party of costs he would not ask his own client to pay. An implied contingency agreement with his client could defeat a claim for payment of costs from the other party. There was never any intention on the part of the solicitors to create any liability for … Continue reading British Waterways Board v Norman: QBD 11 Nov 1993

Attorney-General’s Reference (No 5 of 2000): CACD 6 Jun 2001

Waste products could become ‘controlled waste’ and subject to licensing procedures without there being a recovery or disposal operation being involved. A rendering process produced a condensate which the company wished to spread on farm land without a licence. The company had argued that no recovery process was involved, and therefore it was not waste … Continue reading Attorney-General’s Reference (No 5 of 2000): CACD 6 Jun 2001

Epping Forest District Council v Philcox: CA 13 Apr 2000

Where an activity had been continuing without planning permission for 10 years it was no obstacle to obtaining a certificate of lawful use that the activity had been illegal because it had been carried out without a waste management licence. A certificate once granted is conclusive answer to any enforcement notice subsequently issued and is … Continue reading Epping Forest District Council v Philcox: CA 13 Apr 2000

Leeds City Council v Spencer: CA 6 May 1999

The defendant appealed against an order refusing to set aside an enforcement notice served by the council for his failure to destroy rats and mice on his land. Held: A local authority had a statutory duty to collect waste, and could not therefore serve a notice, requiring a landowner to clear his land of rubbish, … Continue reading Leeds City Council v Spencer: CA 6 May 1999

Official Receiver v Environment Agency: CA 5 Aug 1999

A waste management licence could constitute both property and onerous property for the purposes of the Insolvency Act. It could also be an interest incidental to the land to which it related. Because of this the liquidator of a waste management company could disclaim the licence without committing an offence under the Act. Citations: Times … Continue reading Official Receiver v Environment Agency: CA 5 Aug 1999

O’Toole v Knowlsey Metropolitan Borough Council: CA 21 May 1999

Where there was expert evidence about the condition of premises, but no evidence directly suggesting a threat to the health of the tenant, the magistrates could nonetheless find that the premises were in a condition prejudicial to health, and should follow the evidence available. Citations: Times 21-May-1999, Gazette 03-Jun-1999 Statutes: Environmental Protection Act 1990 79(1)(a) … Continue reading O’Toole v Knowlsey Metropolitan Borough Council: CA 21 May 1999

Aitken v South Hams District Council: HL 8 Jul 1994

A notice was served in 1983 under section 58 of the Control of Pollution Act 1974 requiring the abatement of a noise nuisance. That section was repealed by the Environmental Protection Act 1990, with effect from 1st January 1991, and a new procedure for statutory nuisance was substituted. On 25th January 1992, an information was … Continue reading Aitken v South Hams District Council: HL 8 Jul 1994

Regina v Liverpool Crown Court, Ex Parte Cooke: QBD 3 Apr 1996

Complaint was made against the council for creating a statutory nuisance under the 1990 Act. The tenant sought compensation under the 1973 Act. The council appealed an award of andpound;3,000 compensation. Held: Compensation should be awarded for the period from the date of the notice until the date of the hearing. Where however the proceedings … Continue reading Regina v Liverpool Crown Court, Ex Parte Cooke: QBD 3 Apr 1996

Regina v O’Brien; Regina v Enkel: CACD 19 Apr 2000

A sentence of imprisonment was unnecessarily severe for a first offence of dumping tyres. The case did not involve any hazardous substances, and the offences were at the lower end of the scale, despite the results being unsightly, the risk (at worst) of rats and fire, the absence of any long term effect, the absence … Continue reading Regina v O’Brien; Regina v Enkel: CACD 19 Apr 2000

Mensah v Leicester City Council: FTTGRC 7 Nov 2019

Judges: Judge Anthony Snelson Citations: [2019] UKFTT NV – 2019 – 0007 Links: Bailii Statutes: Environmental Protection Act 1990 46 46A Jurisdiction: England and Wales Local Government Updated: 23 April 2022; Ref: scu.648217

Ferra v Leicester City Council: FTTGRC 7 Nov 2019

Judges: Judge Anthony Snelson Citations: [2019] UKFTT NV – 2019 – 0005 Links: Bailii Statutes: Environmental Protection Act 1990 46 46A Jurisdiction: England and Wales Local Government Updated: 15 April 2022; Ref: scu.648211

Lloyd v Symonds, Anderson and Lucas: CA 20 Mar 1998

Appeal against injunction in nuisance to stop keeping breeding kennels. The neighbour had begun keeping the kennels, and the neighbour complained to the local Environmental Health office. Abatement notices were served, and the neighbour respondent was granted an interim injunction by the district judge in the County Court. At first instance the judge had then … Continue reading Lloyd v Symonds, Anderson and Lucas: CA 20 Mar 1998

Regina v Avon County Council, Ex Parte Terry Adams Ltd: QBD 7 Jul 1993

A council has no duty to consider the interests of waste disposal contractors. Citations: Times 07-Jul-1993 Statutes: Environmental Protection Act 1990 51(1) Cited by: Appeal from – Regina v Avon County Council Ex Parte Terry Adams Ltd CA 20-Jan-1994 Tendering procedures adopted by a Local Authority must not be framed to prefer their own company. … Continue reading Regina v Avon County Council, Ex Parte Terry Adams Ltd: QBD 7 Jul 1993

Network Housing Association Ltd v Westminster City Council: QBD 7 Nov 1994

An abatement notice was addressed by the respondent city council to freehold owners of tenanted premises, in respect of a noise source which it was out of their power to stop. This was noise from perfectly normal everyday living, which reached one flat from the flat above due to the absence (under ceiling, on floor … Continue reading Network Housing Association Ltd v Westminster City Council: QBD 7 Nov 1994

Lambie and Another v Thanet District Council: QBD 17 Aug 2000

The local authority served notices for noise abatement, requiring the land owners to install sound limiting devices. The owners claimed that the terms of the notice were ultra vires in requiring them to allow entrance to the authority’s officers, and were uncertain in their requirements. Held: The notices required a step to be taken within … Continue reading Lambie and Another v Thanet District Council: QBD 17 Aug 2000

Westminster City Council v McDonald: Admn 28 Oct 2003

The Council appealed by case stated against dismissal of its allegation of statutory nuisance by the defendant busker. Judges: Kennedy LJ, Royce J Citations: [2003] EWHC 2698 (Admin) Links: Bailii Statutes: Environmental Protection Act 1990 79 80(4) Jurisdiction: England and Wales Nuisance Updated: 09 April 2022; Ref: scu.188500

Hewlings v Mclean Homes East Anglia Ltd: QBD 3 Aug 2000

The appellants had served a notice requiring abatement of a nuisance on an address from which senior officers had previously corresponded but which was not the registered office of the company. The requirement in the Act to serve the notice at the proper address was not mandatory. The intention was to provide summary relief in … Continue reading Hewlings v Mclean Homes East Anglia Ltd: QBD 3 Aug 2000

Hall v Kingston Upon Hull City Council and similar: QBD 9 Feb 1999

When serving notice of statutory nuisance upon a local authority, the tenant, having been told to notify the housing department could serve the notice there. The power to specify an alternative means of service is not limited to the Council Secretary. Citations: Times 09-Feb-1999 Statutes: Environmental Protection Act 1990 79(1) Local Government Updated: 08 April … Continue reading Hall v Kingston Upon Hull City Council and similar: QBD 9 Feb 1999

Botross v Hammersmith and Fulham London Borough Council: QBD 7 Nov 1994

Statutory nuisance proceedings are in their nature criminal proceedings, and compensation may be awarded by the court. Citations: Times 07-Nov-1994, (1994) 16 Cr App R (S) 622 Statutes: Environmental Protection Act 1990 82(1) Jurisdiction: England and Wales Citing: Adopted – Regina v Inner London Crown Court ex parte Bentham QBD 1989 The defendant sought legal … Continue reading Botross v Hammersmith and Fulham London Borough Council: QBD 7 Nov 1994

London Borough of Hackney, Regina (on the Application Of) v Rottenberg: Admn 24 Jan 2007

Appeal by case stated by the London Borough of Hackney against the decision of the Crown Court at Southwark to allow an appeal against conviction for six offences of breach of an enforcement notice: ‘Each of the six informations charged the respondent that without reasonable excuse he failed to comply with the abatement notice which … Continue reading London Borough of Hackney, Regina (on the Application Of) v Rottenberg: Admn 24 Jan 2007

Gateway Professional Services (Management) Ltd v Kingston Upon Hull City Council: Admn 8 Mar 2004

An employee of the appellant had deposited a number of black bags containing commercial office waste on the land adjoining the appellant’s own premises. The prosecutor said that the deposit of the bags of waste in those circumstances amounted to an ‘escape’ within the meaning of section 34(1)(b). Held: The company’s appeal succeeded. The issue … Continue reading Gateway Professional Services (Management) Ltd v Kingston Upon Hull City Council: Admn 8 Mar 2004

East Staffordshire Borough Council v Fairless: Admn 14 Oct 1998

A notice of a statutory nuisance need not specify the acts required to remedy the nuisance, nor the capacity in which the person served is served. It is sufficient to identify the faults in a non-technical way. There is no good reason to import any additional requirements beyond those set out in the Act. Times … Continue reading East Staffordshire Borough Council v Fairless: Admn 14 Oct 1998

Regina v Dudley Magistrates Court ex parte Hollis; Robert v Same: Admn 25 Nov 1997

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 … Continue reading Regina v Dudley Magistrates Court ex parte Hollis; Robert v Same: Admn 25 Nov 1997

Shanks and Mcewan (Southern Waste Services) Ltd v Environment Agency: Admn 14 Oct 1997

Mance J explained the need to construe the statute so as to identify the rule of attribution appropriate to the relevant statutory offence: ‘The rule of attribution appropriate to a particular situation (e.g., the nature and level of conduct or knowledge which will be regarded as satisfying a requirement in a statute that a company … Continue reading Shanks and Mcewan (Southern Waste Services) Ltd v Environment Agency: Admn 14 Oct 1997

Polychronakis v Richards and Jerrom Limited: Admn 16 Oct 1997

It is the responsibility of the prosecution to disprove the existence of reasonable excuse for non-compliance once a defence raised. Times 19-Nov-1997, [1997] EWHC Admin 885 Environmental Protection Act 1990 80(4) 80(6) England and Wales Citing: See Also – Polychronakis Chief Legal and Property Officer for and on Behalf of Dudley Metropolitan Borough Council v … Continue reading Polychronakis v Richards and Jerrom Limited: Admn 16 Oct 1997

Tael One Partners Ltd v Morgan Stanley and Co International Plc: SC 11 Mar 2015

This appeal raises a question of contractual interpretation. Its significance lies in the fact that the contractual condition in question forms part of the Loan Market Association standard terms and conditions for par trade transactions which are a recommended set of terms published by the LMA and commonly used in the secondary loan market. Tael … Continue reading Tael One Partners Ltd v Morgan Stanley and Co International Plc: SC 11 Mar 2015

City of Bradford Metropolitan District Council v Yorkshire Water Services Ltd: Admn 19 Sep 2001

The Council issued a nuisance notice in respect of sewage being deposited on a property within its area. The statutory nuisance was accepted. The issue was as to whether the sewage system was a public sewer. The judge had found that the original system had, in 1937, served only one property, and therefore had remained … Continue reading City of Bradford Metropolitan District Council v Yorkshire Water Services Ltd: Admn 19 Sep 2001

Environment Agency v Thorn International UK Ltd: Admn 2 Jul 2008

The Agency appealed by case stated against the Magistrates’ decision to acquit Thorn of keeping controlled waste contrary to section 33 of the 1990 Act. For that section ‘waste’ had the same meaning as that provided in Art 1(1)(a) of the WFD. The justices found that Wincanton retrieved unwanted electrical goods from retailers who received … Continue reading Environment Agency v Thorn International UK Ltd: Admn 2 Jul 2008

Network Rail Infrastructure Ltd v Williams and Another: CA 3 Jul 2018

Japanese Knotweed escape is nuisance The defendant appealed against an order as to its liability in private nuisance for the escape of Japanese Knotweed from its land onto the land of the claimant neighbours. No physical damage to properties had yet been shown, but the reduction in value which had occurred. Held: The decision of … Continue reading Network Rail Infrastructure Ltd v Williams and Another: CA 3 Jul 2018

Evan Jones and Another, Regina v: CACD 2011

Surplus soil and subsoil from a pipeline excavation was hauled by the appellants to other land where it was tipped. The hauliers were convicted of depositing controlled waste contrary to section 33(1) of the 1990 Act. The complaint was that the judge had misdirected the jury by saying: ‘In law, an intention to pass on … Continue reading Evan Jones and Another, Regina v: CACD 2011

Environment Agency v Inglenorth Ltd: Admn 17 Mar 2009

Mr Evans, had demolished a greenhouse at his garden centre. He engaged a haulier, the respondent, to carry the rubble to his other garden centre site to form the base of a car park. The haulier was charged with the unlawful deposit of controlled waste contrary to section 33 of the 1990 Act. The justices … Continue reading Environment Agency v Inglenorth Ltd: Admn 17 Mar 2009

Boggis and Another v Natural England: CA 20 Oct 2009

Natural England appealed against the quashing of an SSSI. Held: The notification of an SSSI was not the making of a plan as respects the land affected, but the flagging up of it. The real purpose of the proceedings was to allow the land owners to continue to replenish their sea defences. That work would … Continue reading Boggis and Another v Natural England: CA 20 Oct 2009

Regina v Kelleher: CACD 6 Nov 2008

The defendant had been convicted of fly-tipping. His activities were commercial but did not involve any dangerous or offensive waste. Held: A prison sentence (14 months) was still capable of being proper. The defendant’s activities had been extensive and had caused substantial expense to the local authority. Parliament had since increased the maximum penalty. Lord … Continue reading Regina v Kelleher: CACD 6 Nov 2008