References: [1976] 1 WLR 543
Coram: Watkins J
Complaint was made as to the failure to repair a property, and the duty to abate the resulting nuisance. Watkins J said: ‘Speaking for myself I would adopt the words of Lord Wilberforce so as to state that a nuisance cannot arise if what has taken place affects only the person or persons occupying the premises where the nuisance is said to have taken place. A nuisance coming within the meaning of the Public Health Act 1976 must be either private or public nuisance as understood by common law.’
Statutes: Public Health Act 1936
This case cites:
- Cited – Salford City Council -v- McNally HL ([1976] AC 379)
The House considered the interaction of the 1936 and 1957 Acts as to the distinction between the questions of injury to health and fitness for human habitation: ‘It was not a defence to establish that the house, the subject of the complaint, was . .
This case is cited by:
- Cited – Cunningham -v- Birmingham City Council Admn (Times 09-Jun-97, Bailii, [1997] EWHC Admin 440)
The council appealed against the finding that the complainant’s premises occupied under a tenancy of the council, constituted a statutory nuisance which they had a duty to abate. The claimant’s son was disabled and his condition involved behavioural . .
