Ethos Recycling Ltd v Barking and Dagenham Magistrates Court: Admn 13 Nov 2009

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 secretary of State should first have been obtained.
Held: The notice did not require the consent suggested. Historically urgent action was often required, and requiring the consent would go against that. A notice was not itself the commencement of proceedings. Consent would be required when, on a non-compliance, the authority wanted to take the matter forward to the court.


Lord Justice Scott Baker and Mr Justice Cranston


[2009] EWHC 2885 (Admin), Times 02-Feb-2010




Environmental Protection Act 1990 79(10)


England and Wales

Environment, Crime

Updated: 05 August 2022; Ref: scu.380331