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.
Held: The court declined to interfere with the refusal of the compensation, but the costs of that hearing were properly incurred. ‘Under section 82(12)…the Justices are bound to make a costs order in favour of any complainant, once it is found that a statutory nuisance existed at the date of the making of the complaint. The only limit on that is that the award is to compensate the complainant only for expenses properly incurred. That would seem to be intended to ensure that the amount to be paid by a defendant is not increased by any improper act or omission on the part of a complainant or his professional representatives . ‘


Keene J


Unreported, 17 March 1995, [1995] 28 HLR 504


England and Wales


FollowedBotross 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. . .

Cited by:

CitedRegina 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 . .
Lists of cited by and citing cases may be incomplete.

Nuisance, Magistrates

Updated: 06 June 2022; Ref: scu.221520