Whether entry to residential premises in the exercise of powers under section 108 of the Environment Act 1995 (‘the 1995 Act’), and pursuant to a warrant lawfully granted under schedule 18 to that Act, can lawfully be effected only after giving at least seven days’ notice to the occupier of the premises, even where the warrant has been granted on the basis that an application for admission to the premises would defeat the object of the proposed entry. The issue turns on the proper construction of section 108(6).
Sir James Munby P FD, Richards, Floyd LJJ
[2015] EWCA Civ 1289, [2015] WLR(D) 529
Bailii, WLRD
Environment Act 1995 105
England and Wales
Environment
Updated: 08 January 2022; Ref: scu.557074