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 aid to defend an action to abate a statutory nuisance under the 1936 Act.
Held: Such an action was criminal in nature. The action had been brought under section 99, but the imposition of a penalty under s94 was a . .
Cited by:
Cited – 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 . .
Followed – Davenport v Walsall Metropolitan Borough Council CA 17-Mar-1995
The court was concerned with the refusal of the magistrates to make a compensation order after a plea of guilty to a statutory nuisance. The magistrates had also refused to award costs of the adjourned hearing at which compensation had been sought. . .
Lists of cited by and citing cases may be incomplete.
Environment, Nuisance
Updated: 08 April 2022; Ref: scu.78502
