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
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
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
The government planned to promote a large scale rail development (HS2), announcing this in a command paper. The main issues, in summary, were, first, whether it should have been preceded by strategic environmental assessment, under the relevant . .
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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
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:  EWHC Admin 593 Links: Bailii Statutes: Environmental Protection Act 1990 82 Jurisdiction: England and Wales Housing Updated: 28 May 2022; Ref: scu.139857
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
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
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
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
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
Those intending to claim costs as part of statutory nuisance case under the Act should give advance notice of their claim or objection. Times 05-Feb-1998, Gazette 11-Feb-1998 Environmental Protection Act 1990 82(2) England and Wales Environment Updated: 21 January 2022; Ref: scu.89753
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
Appeal against abatement notice – noise from Alton Towers. . .
The appellant challenged an order to pay over andpound;18,000 costs after losing her complaint of statutory nuisance against the Parish Council. She had complained as to the noise coming from a playground.
Held: She had brought the proceedings . .
The parties were involved in a dispute as to repairs on a tenanted property. The court had ordered an independent surveyor’s report. The claimant objected to the use by the defendant of an employee for this purpose, and was involved in their claims . .
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
Plannning permission was sought. Objectors said that it would have such an impact that an environmental impact assessment was required. They now sought judicial review of the decision to proceed without one. Held: The judge had explained the approach correctly, and the role of the court is to conduct a Wednesbury review of the decision … Continue reading Jones, Regina (on the Application of) v Mansfield District Council and Another: CA 16 Oct 2003
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
Although in this particular section, the agent collecting a rack rent, was not named as being a person upon whom a nuisance notice could be served, the undefined item should be construed to be consistent with the whole series of Acts of which it formed part, and where the term was so defined. Citations: Times … Continue reading London Borough of Camden v Gunby: Admn 5 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
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
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
The applicant sought to bring an action to challenge new rules on approval of export credit guarantees. The company was non-profit and founded to support investigation of bribery. It had applied for a protected costs order to support the application, and now appealed its refusal. Held: The court restated the practice on the making of … Continue reading Corner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry: CA 1 Mar 2005
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
Judges: Judge Anthony Snelson Citations:  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
Judges: Judge Anthony Snelson Citations:  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
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
Judges: Lloyd Jones , Hamblen , Hickinbottom LJJ Citations:  EWCA Civ 1133,  WLR(D) 522 Links: Bailii, WLRD Statutes: Environmental Protection Act 1990 78F Jurisdiction: England and Wales Environment, Land Updated: 28 March 2022; Ref: scu.591682
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
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
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
Questions on Entry must be answered B was questioned at an airport under Schedule 7 to the 2000 Act, and required to answer questions asked by appropriate officers for the purpose set out. She refused to answer and was convicted of that refusal , contrary to paragraph 18 of that Schedule. She appealed, saying that … Continue reading Beghal v Director of Public Prosecutions: SC 22 Jul 2015
Use of Special Counsel as Last Resort Only The accused faced charges of conspiring to supply Class A drugs. The prosecution had sought public interest immunity certificates. Special counsel had been appointed by the court to represent the defendants’ interests at the applications. Held: It was permissible to use special counsel, but this must genuinely … Continue reading Regina v H; Regina v C: HL 5 Feb 2004
The claimant sought a judicial review of the decision to hold them responsible for necessary works of remediation. They were statutory successors to British Gas Corporation.
Held: The legislation clearly attempted to hold the contaminator . .
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 council granted licences for the disposal of waste animal carcasses by incineration. The objectors said the council had failed to take note of art 4 of the directive, and that as clinical waste alternative regimes applied.
Held: Animal . .
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