An abatement order had been made against the council under the 1936 Act. The tenant appealed a finding that the magistrates had had no jurisdiction to award compensation under the 1973 Act.
Held: An order under the 1973 Act required a criminal conviction. Section 94 of the 1936 Act created an offence of which the council had been convicted. The matter was remitted to the magistrates for consideration of the appropriate award.
Judges:
Woolf LJ, Pill J
Citations:
Times 27-Nov-1991, (1992) 90 LGR 310
Statutes:
Public Health Act 1936 94, Powers of Criminal Courts Act 1973 35
Jurisdiction:
England and Wales
Citing:
Applied – 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 . .
Lists of cited by and citing cases may be incomplete.
Nuisance
Updated: 12 April 2022; Ref: scu.221516