The council had power under the Act to seek, in its own name, an injunction to prevent an alleged drug-dealer minor to enter a housing estate, and put an end to public nuisances. The authority was not acting outside its powers if it considered the action expedient for the protection of the inhabitants of its area. The fact that the acts complained of were also criminal acts, could not prevent the authority pursuing its case. Even so, it should be recognised that there were arguments against such actions by local authorities, and courts had in the past refused such applications.
Judges:
Lord Justice Mance, Lord Justice Schiemann, Lord Justice Keene
Citations:
Times 29-Aug-2001, Gazette 11-Oct-2001, Gazette 15-Nov-2001, [2001] EWCA Civ 1248, [2002] 1 WLR 607, [2003] HLR 16
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Attorney-General v PYA Quarries Ltd CA 1957
In a relator action, an injunction was sought to prevent the respondent from emitting quantities of dust from their quarry. The court had to decide what were the constituents of the offence of a public nuisance, and how this differed from a private . .
Cited by:
Cited – Birmingham City Council v Shafi and Another CA 30-Oct-2008
The Council appealed a finding that the court did not have jurisdiction to obtain without notice injunctions to control the behaviour of youths said to be creating a disturbance, including restricting their rights to enter certain parts of the city . .
Lists of cited by and citing cases may be incomplete.
Local Government, Litigation Practice
Updated: 04 June 2022; Ref: scu.166272
