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,  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
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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
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
Citations:  EWHC Admin 304 Links: Bailii Statutes: Environmental Protection Act 1990 79(1)(a) Environment Updated: 27 May 2022; Ref: scu.138425
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
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
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,  EWHC Admin 365,  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
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
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
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
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
The Council appealed by case stated against dismissal of its allegation of statutory nuisance by the defendant busker. Judges: Kennedy LJ, Royce J Citations:  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
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
Request for na order requiring justices to state a case after dismissal of the claimant’sprivate prosection. Held: The request was refused. Simon LJ, Collins J  EWHC 746 (Admin) Bailii Environmental Protection Act 1990 79 82 England and Wales Nuisance, Crime Updated: 14 January 2022; Ref: scu.562890
The council appealed against refusal of an abatement order in respect of a statutor nuisance by the defendant by artificial light. A veterinary surgeon had erected a light which stayed on all night but which was adjacent to a neighbour’s bedroom. A . .
The justices had concluded that the layout itself of premises was so unhygienic as to be ‘in a state prejudicial to health.’ The small toilets without a wash basin and next to the kitchen created a risk of cross-infection, and were a statutory . .
The applicant sought leave to appeal against a decision confirming a noise abatement notice under the Act. He kept dogs, and neighbours had complained of the noise. He complained that the notice neither specified the nuisance complained of, nor . .
An abatement notice was served on the respondent in respect of the stink emanating from their sewage works. The magistrates decided that the workls did not constitute premises within the section, following Parlby.
Held: Parlby was not binding, . .
The Solicitors Practice Rules have the effect of law, and it is still improper to agree to pursue contentious proceedings on a contingency fee arrangement without specific statutory sanction, especially in criminal proceedings. An agreement for . .
The defendants appealed by way of case stated against their convictions for noise nuisance for their husky kennels – ‘Howling Dog Kennels’. They said that it was impractical, both for animal welfare and cost reasons further to limit the noise.
The company sought judicial review of the deceision by the respondent to issue an abatement notice. It said that under section 79 of the 1990 Act, such a notice fell within the term ‘summary proceedings’ and that therefore the consent of the . .
The claimants appealed against the upholding of noise abatement notices. It ran motor sport related events on a former airfield. . .
The risk of an accident from a steep staircase to a disabled tenant was not a statutory nuisance. The possibility of an accident is not the same as a source of injury to health. Buxton LJ: ‘The limitation of the reach of this Statute to disease and . .
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015
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
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
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
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
Issues arose as to a new planning permission for two existing hangars. Held: The appeal succeeded. The question of the validity of conditions attached to planning permissions will sometimes be a difficult one. To be valid, a condition must be imposed for a planning purpose and not for an ulterior one; it must fairly and … Continue reading Newbury District Council v Secretary of State for the Environment: HL 1980
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011
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
Interim Injunctions in Patents Cases The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of Appeal. Held: The questions which applied when looking for an interim injunction in patent … Continue reading American Cyanamid Co v Ethicon Ltd: HL 5 Feb 1975
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
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
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index