A Local Authority found guilty of a statutory nuisance is not thereby liable for a civil damages suit.
Citations:
Times 26-Nov-1996, [1996] EWCA Civ 998, [1997] 1 WLR 956, (1997) 29 HLR 640, [1997] Env LR 157
Links:
Statutes:
Public Health Act 1936 Part II (Nuisance etc)
Jurisdiction:
England and Wales
Citing:
Cited – Doe d. Bishop of Rochester v Bridges 1831
Where a new obligation is created by statute which at the same time provides a special means of enforcing it, that performance cannot be enforced in any other manner.
Lord Tenterden said: ‘where an Act creates an obligation and enforces the . .
Cited – Habinteg Housing Association v Jones CA 1995
A female tenant endured six years of misery caused by cockroaches, described as a quite appalling infestation for which she was in no way responsible.
Held: The court was not satisfied that the dismissal of the tenant’s claim was the right . .
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 . .
Cited – Summers v Salford Corporation HL 1943
The tenant had given notice to the landlord’s agent that a sash-cord in the only window of a bedroom had broken. No repair was effected and about two months later the second sash-cord broke injuring the tenant. The House was asked whether there was . .
Cited – Cutler v Wandsworth Stadium Ltd HL 1949
The Act required the occupier of a licensed racetrack to take all steps necessary to secure that, so long as a totalisator was being lawfully operated on the track, there was available for bookmakers space on the track where they could conveniently . .
Cited – McNerny v London Borough of Lambeth CA 1988
The scale of the dampness which had to be endured by a tenant led to constant colds and minor ailments being suffered by the plaintiff and her children who had to live in those unhealthy conditions.
Held: The legislature had ‘conspicuously . .
Cited – Quick v Taff Ely Borough Council CA 1986
Because of fungus, mould growth and dampness, the tenant’s council house was virtually unfit for human habitation in the winter when the condensation was at its worst. Section 32(1) of the 1961 Act implied in the tenancy a covenant by the council to . .
Cited – Regina v Newham Justices, ex parte Hunt etc CA 1976
The court asked whether proceedings under s99 were civil or criminal.
Held: ‘the proper interpretation of this section [section 99] leads to the conclusion that the individual can by information invoke section 94’ The offence was under s94 . .
Cited – Lonrho Ltd v Shell Petroleum Co Ltd (No 2) HL 1-Apr-1981
No General Liability in Tort for Wrongful Acts
The plaintiff had previously constructed an oil supply pipeline from Beira to Mozambique. After Rhodesia declared unilateral independence, it became a criminal offence to supply to Rhodesia without a licence. The plaintiff ceased supply as required, . .
Cited – Coventry City Council v Doyle QBD 1981
On the wording of section 94(2), the relevant date for determining whether the alleged nuisance exists is the date of the hearing before the magistrates. Accordingly, if it has by that time been abated, no offence is committed. . .
Lists of cited by and citing cases may be incomplete.
Local Government
Updated: 03 November 2022; Ref: scu.81118