When considering if premises fell within the section, and were ‘in such a state as to be prejudicial to health’, the court must consider some feature of the premises which was in itself prejudicial. An arrangement of rooms which was unsatisfactory and might be considered insanitary did not fall within the provision. The risk of … Continue reading Birmingham City Council v Oakley: HL 29 Nov 2000
This case is about who can bring a complaint of statutory nuisance in respect of premises. Such a claim must be, and can only be ‘made by any person on the ground that he is aggrieved by the existence of a statutory nuisance’. (section 82(1) of the Environmental Protection Act 1990 (the 1990 Act)). The … Continue reading Watkins v Aged Merchant Seamen’s Homes: Admn 17 Apr 2018
A noise abatement notice had been served, and appealed to the magistrates. By the time the matter came before the Crown Court, the bar had been soundproofed. The question then was which was the applicable time. Held: In view of the contrasting authorities, it was proper for the matter to go forward for a full … Continue reading Surrey Free Inns v Gosport Borough Council: CA 12 Jun 1998
Citations: [2002] EWCA Civ 61 Links: Bailii Statutes: Environmental Protection Act 1990 81(6) Jurisdiction: England and Wales Environment Updated: 29 May 2022; Ref: scu.216749
Citations: [2002] EWCA Civ 58 Links: Bailii Statutes: Environmental Protection Act 1990 Jurisdiction: England and Wales Planning, Environment Updated: 29 May 2022; Ref: scu.216751
Application for judicial review of the respondent’s decision to grant a certificate of lawful established use. The applicant submits that the respondent acted unlawfully because the person who made the successful application had been committing criminal offences under section 33(1)(a), (b) and (c) of the Environmental Protection Act 1990. Judges: Hooper J Citations: [2000] EWHC … Continue reading Regina v Epping Forest District Council, ex parte Philcox (2): Admn 13 Apr 2000
A house owner gained permission to run a dog kennel. It grew and eventually the authority served a notice claiming it to be a statutory nuisance because of the noise. The defendants appealed asserting they had used the ‘best practicable means’ to reduce the noise. Held: It was not within the section to require such … Continue reading Albert Manley, Jennifer Manley v New Forest District Council: Admn 29 Jul 1999
Although in this particular section, the agent collecting a rack rent, was not named as being a person upon whom a nuisance notice could be served, the undefined item should be construed to be consistent with the whole series of Acts of which it formed part, and where the term was so defined. Citations: Times … Continue reading London Borough of Camden v Gunby: Admn 5 Jul 1999
The claimant appealed against rejection of her claim that the house of which she was tenant was in such a condition as to be prejudicial to health. Citations: [1999] EWHC Admin 593 Links: Bailii Statutes: Environmental Protection Act 1990 82 Jurisdiction: England and Wales Housing Updated: 28 May 2022; Ref: scu.139857
The respondent appealed by way of case stated a finding that a house was in the condition of being a statutory nuisance. They said that no evidence had been brought with regard to the health of the occupants or of any potential threat to health. Held: The evidence of the officers was capable of supporting … Continue reading Lisa O’Toole v Knowsley Metropolitan Borough Council: Admn 18 May 1999
A watercourse for the purpose of the Act was only a limited area of water and could not include a river or an estuary. An authority serving an abatement notice in respect of sewerage discharges, was not under a duty to consult first with the water company, but should do so if it had raised … Continue reading Falmouth and Truro Health Authority v South West Water Services: Admn 23 Apr 1999
Judges: Kennedy LJ, Mithell J Citations: [1999] EWHC Admin 356 Links: Bailii Statutes: Environmental Protection Act 1990 Crime Updated: 28 May 2022; Ref: scu.139620
The authority appealed the dismissal of a charge against the defendant rabbi on six counts of nuisance for noise of shouting clapping and stamping emanating from the synagogue to the annoyance of a neighbour. Held: The court was not obliged to accept the evidence of a witness, and did not have to accept that of … Continue reading Hackney London Borough Council v Rottenberg: QBD 24 Jan 2007
It was not necessary for environmental health officers to possess medical qualifications to express opinion as to whether or not premises were prejudicial to health as defined by section 79(1)(a) of the Act. The council appealed a finding that premises constituted a statutory nuisance. Held: The parties had exchanged reports from environmental health officers. Their … Continue reading London Borough of Southwark v Venette Simpson: Admn 3 Nov 1998
Citations: [1998] EWHC Admin 304 Links: Bailii Statutes: Environmental Protection Act 1990 79(1)(a) Environment Updated: 27 May 2022; Ref: scu.138425
The local authority issued a noise nuisance abatement notice. By the time the matter came to the court, the nuisance had been abated. Held: The background situation justifying the issue of a nuisance abatement notice was to be assessed at the date at which it was issued, and not at the later date of a … Continue reading Surrey Free Inns Plc v Gosport Borough Council: Admn 28 Jan 1998
An abatement notice requiring works to be carried out must state clearly what works are required or considered necessary. There was an imminent danger of the collapse onto some cottages of a rockface and wall where the notice was addressed to the respondents as owners of the rockface and wall and simply required them to … Continue reading Kirklees Metropolitan Council v Field; Thackray; Marsh and Wilson: Admn 31 Oct 1997
Citations: [2019] EWCA Crim 147 Links: Bailii Statutes: Environmental Protection Act 1990 59 Jurisdiction: England and Wales Crime Updated: 26 May 2022; Ref: scu.634180
Nuisance abatement notice must state whether nuisance alleged is contrary to public health or common law.Appeal against enforcement notice for ‘the crowing of cockerels and the chorus of waterfowl.’ Citations: Times 18-Nov-1997, [1997] EWHC Admin 639 Links: Bailii Statutes: Environmental Protection Act 1990 80 Environment Updated: 26 May 2022; Ref: scu.137584
The applicant sought an order declaring the property he occupied to be a nuisance, and that his landlords must execute repairs. The authority replied that the applicant had not allowed them access in order to carry out the works (Kerr). The stipendiary magistrate dismissed the application without giving reasons. The applicant argued that Kerr applied … Continue reading Regina v Metropolitan Stipendiary Magistrate, Ex Parte Mahmed Ali: Admn 28 Apr 1997
Citations: [1997] EWHC Admin 145 Links: Bailii Statutes: Environmental Protection Act 1990 80 Nuisance, Magistrates, Costs Updated: 25 May 2022; Ref: scu.137090
The case concerns the criminal liability under the ‘duty of care’ provisions of section 34 of the 1990 Act, of a commercial freeholder of property who verbally contracted out renovations works on the property, including the removal and disposal of any waste, to an independent contractor who on two successive days in December 2009 disposed … Continue reading Mountpace Ltd v London Borough of Haringey: Admn 28 Mar 2012
The claimant sought judicial review of the decision to serve an abatement notice in respect of premises where the normal noise incidents of living were heard in neighbouring flats, which notices were to be abated by noise insulation. Held: The contention that a lack of adequate sound insulation can cause premises to be in such … Continue reading Vella v London Borough of Lambeth: Admn 14 Nov 2005
Whether escapes of waste water from a public sewerage system are ‘Directive waste’ within the scope of the Waste Framework Directive, and thus subject to the enforcement authority of the Environment Agency under section 33 of the 1990 Act. Held: Sewage which escaped from a public sewer was controlled waste. Judges: Lord Justice Carnwarth and … Continue reading Thames Water Utilities Ltd, Regina (on the Application Of) v Water Services Regulation Authority: QBD 28 Jul 2008
The complainant requested information concerning any entry under the Control of Pollution Act 1974 and the Environmental Protection Act 1990 for a specified location. Sefton Council (the Council) charged a fee to respond to the complainant’s request. The Commissioner’s decision is that the Council breached the EIR in this case in that it levied a … Continue reading Sefton Metropolitan Borough Council (Decision Notice): ICO 27 Sep 2012
The Magistrates appealed against an order of mandamus requiring a case to be stated after rejecting the request by the authority as frivolous. The authority had sought to prevent the emission of noise from land used for a Motocross racing track. Held: The appeal succeeded. Magistrates refusing to state a case should give brief reasons … Continue reading Regina v Mildenhall Magistrates’ Court, Ex Parte Forest Heath District Council; Regina v North West Suffolk (Mildenhall) Magistrates’ Court ex parte Forest Heath District Council: CA 16 Apr 1997
Traffic noise from outside a building could not found an allegation of statutory nuisance. A landlord could liable for a nuisance he allowed to continue even though the same condition applied when he acquired his interest. Citations: Times 20-May-1999, [1999] EWHC Admin 365, [1999] 32 HLR 308 Links: Bailii Statutes: Environmental Protection Act 1990 79(1)(a) … Continue reading Haringey London Borough Council v Jowett: QBD 27 Apr 1999
A smoke nuisance can be established on the basis of the smell of smoke alone. It was not necessary to establish the presence of visible smoke. Smoke primarily means visible smoke, but even in common parlance can include the smell. The statutory definition included soot, ash, grit and gritty particles. The smell related to the … Continue reading Griffiths v Pembrokeshire County Council: QBD 19 Apr 2000
A telephone booth with a door was an enclosed space even though had permanently open area by feet and not therefore a public space for purposes of litter control laws. Expectation that would pay after entry. Citations: Times 05-May-1998 Statutes: Environmental Protection Act 1990 87(4) Crime Updated: 19 May 2022; Ref: scu.80301
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 problems. She said that the kitchen was, in view of his condition too small and dangerous in … Continue reading Cunningham v Birmingham City Council: Admn 6 May 1997
The council tenant plaintiff alleged a statutory nuisance against the council in the form of condensation, damp and mould in his flat. When it came to the hearing the damp had abated. The magistrates asked whether it was likely to recur. The council replied that they had offered to install heaters in the property which … Continue reading Carr v Hackney London Borough Council: QBD 9 Mar 1995
The local authority served a noise nuisance abatement notice upon the respondents regarding their plant room. The notice required abatement and a non-repetition. The notice was not specific as to the works required to be undertaken. It was held that the notice was indeed insufficiently specific. Although it was possible to add to the notice … Continue reading Camden London Borough Council v London Underground Ltd: QBD 7 Jan 2000
A solicitor cannot claim payment from the other party of costs he would not ask his own client to pay. An implied contingency agreement with his client could defeat a claim for payment of costs from the other party. There was never any intention on the part of the solicitors to create any liability for … Continue reading British Waterways Board v Norman: QBD 11 Nov 1993
Waste products could become ‘controlled waste’ and subject to licensing procedures without there being a recovery or disposal operation being involved. A rendering process produced a condensate which the company wished to spread on farm land without a licence. The company had argued that no recovery process was involved, and therefore it was not waste … Continue reading Attorney-General’s Reference (No 5 of 2000): CACD 6 Jun 2001
Where an activity had been continuing without planning permission for 10 years it was no obstacle to obtaining a certificate of lawful use that the activity had been illegal because it had been carried out without a waste management licence. A certificate once granted is conclusive answer to any enforcement notice subsequently issued and is … Continue reading Epping Forest District Council v Philcox: CA 13 Apr 2000
The House was asked whether a particular transaction was ‘an adventure in the nature of trade’. Held: Although the House accepted that this was ‘an inference of fact’, on the primary facts as found by the Commissioners ‘the true and only reasonable conclusion’ contradicted that decision. The House set out principles for establishing that decisions … Continue reading Edwards (Inspector of Taxes) v Bairstow: HL 25 Jul 1955
The defendant appealed against an order refusing to set aside an enforcement notice served by the council for his failure to destroy rats and mice on his land. Held: A local authority had a statutory duty to collect waste, and could not therefore serve a notice, requiring a landowner to clear his land of rubbish, … Continue reading Leeds City Council v Spencer: CA 6 May 1999
Where there was expert evidence about the condition of premises, but no evidence directly suggesting a threat to the health of the tenant, the magistrates could nonetheless find that the premises were in a condition prejudicial to health, and should follow the evidence available. Citations: Times 21-May-1999, Gazette 03-Jun-1999 Statutes: Environmental Protection Act 1990 79(1)(a) … Continue reading O’Toole v Knowlsey Metropolitan Borough Council: CA 21 May 1999
A notice was served in 1983 under section 58 of the Control of Pollution Act 1974 requiring the abatement of a noise nuisance. That section was repealed by the Environmental Protection Act 1990, with effect from 1st January 1991, and a new procedure for statutory nuisance was substituted. On 25th January 1992, an information was … Continue reading Aitken v South Hams District Council: HL 8 Jul 1994
The appellant’s land was to be taken under compulsory purchase by the Council who wished to use it to assist Tesco in the construction of a new supermarket. Tesco promised to help fund restoration of a local listed building. Sainsbury objected an now appealed against the Court of Appeal’s overturning of the orer in its … Continue reading Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another: SC 12 May 2010
The court was asked: ‘whether East Sussex County Council . . was wrong in law to decide to register an area . . known as West Beach at Newhaven . . as a village green pursuant to the provisions of the Commons Act 2006. The points of principle raised by the appeal are, potentially at … Continue reading Newhaven Port and Properties Ltd, Regina (on The Application of) v East Sussex County Council and Another: SC 25 Feb 2015
Acquisition of Habitual Residence Habitual residence can in principle be lost and another habitual residence acquired on the same day. Held: The provisions giving the courts of a member state jurisdiction also apply where there is an alternative jurisdiction in a non-member state such as the United States. The Regulation also deals with how child … Continue reading A v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening): SC 9 Sep 2013
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 for the period from the date of the notice until the date of the hearing. Where however the proceedings … Continue reading Regina v Liverpool Crown Court, Ex Parte Cooke: QBD 3 Apr 1996
A sentence of imprisonment was unnecessarily severe for a first offence of dumping tyres. The case did not involve any hazardous substances, and the offences were at the lower end of the scale, despite the results being unsightly, the risk (at worst) of rats and fire, the absence of any long term effect, the absence … Continue reading Regina v O’Brien; Regina v Enkel: CACD 19 Apr 2000
The applicant sought to bring an action to challenge new rules on approval of export credit guarantees. The company was non-profit and founded to support investigation of bribery. It had applied for a protected costs order to support the application, and now appealed its refusal. Held: The court restated the practice on the making of … Continue reading Corner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry: CA 1 Mar 2005
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
The resident challenged a penatly notice as to the use of a wheelie bin. Citations: [2018] UKFTT NV – 2017 – 0018 Links: Bailii Statutes: Environmental Protection Act 1990 46 Jurisdiction: England and Wales Local Government Updated: 25 April 2022; Ref: scu.619931
Appeal from fixed penalty notice for wheelie bin left on street. Citations: [2018] UKFTT NV – 2018 – 0005 Links: Bailii Statutes: Environmental Protection Act 1990 Jurisdiction: England and Wales Jury Updated: 25 April 2022; Ref: scu.619934
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an employment. However the jurisdiction in sex discrimination cases was wider, extending to those who ‘contract … Continue reading Percy v Church of Scotland Board of National Mission: HL 15 Dec 2005
The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him. Held: The question amounted to asking whether the coroner’s decision on the resumption should have been affected … Continue reading Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner: HL 28 Mar 2007
Judges: Judge Anthony Snelson Citations: [2019] UKFTT NV – 2019 – 0007 Links: Bailii Statutes: Environmental Protection Act 1990 46 46A Jurisdiction: England and Wales Local Government Updated: 23 April 2022; Ref: scu.648217
Not only the actual licensee will be liable for breach of a waste management licence. Agents also can have liability. Citations: Times 10-Apr-1996 Statutes: Environmental Protection Act 1990 33 Jurisdiction: England and Wales Environment Updated: 22 April 2022; Ref: scu.89186
Judges: Judge Anthony Snelson Citations: [2019] UKFTT NV – 2019 – 0005 Links: Bailii Statutes: Environmental Protection Act 1990 46 46A Jurisdiction: England and Wales Local Government Updated: 15 April 2022; Ref: scu.648211
Appeal against injunction in nuisance to stop keeping breeding kennels. The neighbour had begun keeping the kennels, and the neighbour complained to the local Environmental Health office. Abatement notices were served, and the neighbour respondent was granted an interim injunction by the district judge in the County Court. At first instance the judge had then … Continue reading Lloyd v Symonds, Anderson and Lucas: CA 20 Mar 1998
A council has no duty to consider the interests of waste disposal contractors. Citations: Times 07-Jul-1993 Statutes: Environmental Protection Act 1990 51(1) Cited by: Appeal from – Regina v Avon County Council Ex Parte Terry Adams Ltd CA 20-Jan-1994 Tendering procedures adopted by a Local Authority must not be framed to prefer their own company. … Continue reading Regina v Avon County Council, Ex Parte Terry Adams Ltd: QBD 7 Jul 1993
An abatement notice was addressed by the respondent city council to freehold owners of tenanted premises, in respect of a noise source which it was out of their power to stop. This was noise from perfectly normal everyday living, which reached one flat from the flat above due to the absence (under ceiling, on floor … Continue reading Network Housing Association Ltd v Westminster City Council: QBD 7 Nov 1994
The local authority served notices for noise abatement, requiring the land owners to install sound limiting devices. The owners claimed that the terms of the notice were ultra vires in requiring them to allow entrance to the authority’s officers, and were uncertain in their requirements. Held: The notices required a step to be taken within … Continue reading Lambie and Another v Thanet District Council: QBD 17 Aug 2000
The Council appealed by case stated against dismissal of its allegation of statutory nuisance by the defendant busker. Judges: Kennedy LJ, Royce J Citations: [2003] EWHC 2698 (Admin) Links: Bailii Statutes: Environmental Protection Act 1990 79 80(4) Jurisdiction: England and Wales Nuisance Updated: 09 April 2022; Ref: scu.188500
The appellants had served a notice requiring abatement of a nuisance on an address from which senior officers had previously corresponded but which was not the registered office of the company. The requirement in the Act to serve the notice at the proper address was not mandatory. The intention was to provide summary relief in … Continue reading Hewlings v Mclean Homes East Anglia Ltd: QBD 3 Aug 2000
When serving notice of statutory nuisance upon a local authority, the tenant, having been told to notify the housing department could serve the notice there. The power to specify an alternative means of service is not limited to the Council Secretary. Citations: Times 09-Feb-1999 Statutes: Environmental Protection Act 1990 79(1) Local Government Updated: 08 April … Continue reading Hall v Kingston Upon Hull City Council and similar: QBD 9 Feb 1999
Statutory nuisance proceedings are in their nature criminal proceedings, and compensation may be awarded by the court. Citations: Times 07-Nov-1994, (1994) 16 Cr App R (S) 622 Statutes: Environmental Protection Act 1990 82(1) Jurisdiction: England and Wales Citing: Adopted – Regina v Inner London Crown Court ex parte Bentham QBD 1989 The defendant sought legal … Continue reading Botross v Hammersmith and Fulham London Borough Council: QBD 7 Nov 1994
Appeal by case stated by the London Borough of Hackney against the decision of the Crown Court at Southwark to allow an appeal against conviction for six offences of breach of an enforcement notice: ‘Each of the six informations charged the respondent that without reasonable excuse he failed to comply with the abatement notice which … Continue reading London Borough of Hackney, Regina (on the Application Of) v Rottenberg: Admn 24 Jan 2007
The defendant had been accused of storing unlicensed pesticides. He sought to argue that the European Regulations had been implemented in the UK in an unduly restrictive form. He entered a plea of guilty on a ruling that it was not open to him to challenge the regulations. Held: The Regulations, which sought to control … Continue reading Regina v Searby and Another: CACD 7 Jul 2003
Judges: Lloyd Jones , Hamblen , Hickinbottom LJJ Citations: [2017] EWCA Civ 1133, [2017] WLR(D) 522 Links: Bailii, WLRD Statutes: Environmental Protection Act 1990 78F Jurisdiction: England and Wales Environment, Land Updated: 28 March 2022; Ref: scu.591682
Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011
A trustee under a will where there was a life interest had the ability to assert a lien over the estate in respect of potential liability which might be incurred because of the necessity of complying with any order for the clean-up of land forming part of the estate, even though the part of the … Continue reading X v A and Others: ChD 13 Oct 1999
An employee of the appellant had deposited a number of black bags containing commercial office waste on the land adjoining the appellant’s own premises. The prosecutor said that the deposit of the bags of waste in those circumstances amounted to an ‘escape’ within the meaning of section 34(1)(b). Held: The company’s appeal succeeded. The issue … Continue reading Gateway Professional Services (Management) Ltd v Kingston Upon Hull City Council: Admn 8 Mar 2004
Those intending to claim costs as part of statutory nuisance case under the Act should give advance notice of their claim or objection. Times 05-Feb-1998, Gazette 11-Feb-1998 Environmental Protection Act 1990 82(2) England and Wales Environment Updated: 21 January 2022; Ref: scu.89753
The claimant sought damages from the first defendant for breach of copyright. An ex parte search order had been executed, with the defendant asserting his privilege against self-incrimination. As computer disks were examined, potentially unlawful images of children were found. The searching officer asked the court for directions as to what to do. Held: The … Continue reading C Plc and W v P and Secretary of State for the Home Office and the Attorney General: ChD 26 May 2006
Request for na order requiring justices to state a case after dismissal of the claimant’sprivate prosection. Held: The request was refused. Simon LJ, Collins J [2016] EWHC 746 (Admin) Bailii Environmental Protection Act 1990 79 82 England and Wales Nuisance, Crime Updated: 14 January 2022; Ref: scu.562890
A notice of a statutory nuisance need not specify the acts required to remedy the nuisance, nor the capacity in which the person served is served. It is sufficient to identify the faults in a non-technical way. There is no good reason to import any additional requirements beyond those set out in the Act. Times … Continue reading East Staffordshire Borough Council v Fairless: Admn 14 Oct 1998
An award of costs is inevitable after a finding of statutory nuisance and such costs include cost of establishing the nuisance. ‘The wide discretion as to whether to grant an adjournment conferred by section 10 and section 54 of the Magistrates’ Court Act 1980 cannot, usually, be impugned. But it is a power which must … Continue reading Regina v Dudley Magistrates Court ex parte Hollis; Robert v Same: Admn 25 Nov 1997
It is the responsibility of the prosecution to disprove the existence of reasonable excuse for non-compliance once a defence raised. Times 19-Nov-1997, [1997] EWHC Admin 885 Environmental Protection Act 1990 80(4) 80(6) England and Wales Citing: See Also – Polychronakis Chief Legal and Property Officer for and on Behalf of Dudley Metropolitan Borough Council v … Continue reading Polychronakis v Richards and Jerrom Limited: Admn 16 Oct 1997
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
This appeal raises a question of contractual interpretation. Its significance lies in the fact that the contractual condition in question forms part of the Loan Market Association standard terms and conditions for par trade transactions which are a recommended set of terms published by the LMA and commonly used in the secondary loan market. Tael … Continue reading Tael One Partners Ltd v Morgan Stanley and Co International Plc: SC 11 Mar 2015
[2003] EWHC 1184 (Admin) Bailii Environmental Protection Act 1990 80 England and Wales Criminal Practice, Environment Updated: 21 December 2021; Ref: scu.185339
The Council issued a nuisance notice in respect of sewage being deposited on a property within its area. The statutory nuisance was accepted. The issue was as to whether the sewage system was a public sewer. The judge had found that the original system had, in 1937, served only one property, and therefore had remained … Continue reading City of Bradford Metropolitan District Council v Yorkshire Water Services Ltd: Admn 19 Sep 2001
Interim Injunctions in Patents Cases The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of Appeal. Held: The questions which applied when looking for an interim injunction in patent … Continue reading American Cyanamid Co v Ethicon Ltd: HL 5 Feb 1975
Land had been registered in part as a common. The council appealed. Held: The rights pre-existing the Act had not been lost. The presumption against retrospectively disapplying vested rights applied, and the application had properly been made. The claimant was entitled to register part only of the area of land original included. An application was … Continue reading Oxfordshire County Council v Oxford City Council, Catherine Mary Robinson: ChD 22 Jan 2004
[2009] EWHC 1541 (Admin), [2010] Env LR 4 Bailii Environmental Protection Act 1990 34(1)(b) England and Wales Environment Updated: 20 November 2021; Ref: scu.347476
Questions on Entry must be answered B was questioned at an airport under Schedule 7 to the 2000 Act, and required to answer questions asked by appropriate officers for the purpose set out. She refused to answer and was convicted of that refusal , contrary to paragraph 18 of that Schedule. She appealed, saying that … Continue reading Beghal v Director of Public Prosecutions: SC 22 Jul 2015
Japanese Knotweed escape is nuisance The defendant appealed against an order as to its liability in private nuisance for the escape of Japanese Knotweed from its land onto the land of the claimant neighbours. No physical damage to properties had yet been shown, but the reduction in value which had occurred. Held: The decision of … Continue reading Network Rail Infrastructure Ltd v Williams and Another: CA 3 Jul 2018
The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story showing a picture of her leaving a drug addiction clinic, along with … Continue reading Campbell v Mirror Group Newspapers Ltd (MGN) (No 1): HL 6 May 2004
Surplus soil and subsoil from a pipeline excavation was hauled by the appellants to other land where it was tipped. The hauliers were convicted of depositing controlled waste contrary to section 33(1) of the 1990 Act. The complaint was that the judge had misdirected the jury by saying: ‘In law, an intention to pass on … Continue reading Evan Jones and Another, Regina v: CACD 2011
The applicants had each been given a life sentence, but having served the minimum term had been due to have the continued detention reviewed to establish whether or not continued detention was necessary for the protection of the pblic. It had not been, and each had claimed there was no basis for his continued detention, … Continue reading Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another: SC 1 May 2013
Use of Special Counsel as Last Resort Only The accused faced charges of conspiring to supply Class A drugs. The prosecution had sought public interest immunity certificates. Special counsel had been appointed by the court to represent the defendants’ interests at the applications. Held: It was permissible to use special counsel, but this must genuinely … Continue reading Regina v H; Regina v C: HL 5 Feb 2004
The applicant had held a joint tenancy of the respondent. His partner gave notice and left, and the property was taken into possession. The claimant claimed restoration of his tenancy saying the order did not respect his right to a private life and home. Held: Article 8 does not, in terms, give a right to … Continue reading London Borough of Harrow v Qazi: HL 31 Jul 2003
The claimants wanted planning permission to redevelop land. The defendant firm of solicitors, their tenants, had challenged the planning permission. The claimants alleged that that opposition was a tortious abuse because its true purpose was to pressure the claimants into relocating them. The claimants appealed against summary dismissal of their claim on the basis that … Continue reading Land Securities Plc and Others v Fladgate Fielder (A Firm): CA 18 Dec 2009
Natural England appealed against the quashing of an SSSI. Held: The notification of an SSSI was not the making of a plan as respects the land affected, but the flagging up of it. The real purpose of the proceedings was to allow the land owners to continue to replenish their sea defences. That work would … Continue reading Boggis and Another v Natural England: CA 20 Oct 2009
Judicial Review must be timely The appellant challenged the grant of permission for a wind farm on neighbouring land. His application for judicial review had been rejected for delay and on the merits. Held: The court repeated the requirement that an application must be both timely and in any event made within three months. Both … Continue reading Finn-Kelcey v Milton Keynes Council and MK Windfarm Ltd: CA 10 Oct 2008
Cranston J said: ‘The issue before us is whether the judge was correct in ruling at a preparatory hearing for the trial that regulation 23 of the UK Regulations and article 36 of the EU Regulation catch all those who are involved in transporting waste for export, from the point of origin where waste is … Continue reading KV and Others v Regina: CACD 19 Oct 2011
The defendant had been convicted of fly-tipping. His activities were commercial but did not involve any dangerous or offensive waste. Held: A prison sentence (14 months) was still capable of being proper. The defendant’s activities had been extensive and had caused substantial expense to the local authority. Parliament had since increased the maximum penalty. Lord … Continue reading Regina v Kelleher: CACD 6 Nov 2008
The prosecutor appealed against a finding of no case to answer. The defendants were accused in relation to the deposit on farm land of soil and sub-soil excavated during construction works on other land. The defendants included the works manager and the farm owners. The prosecutor said the materials were controlled waste requiring a license … Continue reading W, C and C, Regina v: CACD 11 May 2010
The defendants had been charged with offences relating to their intended transporting of waste materials to Nigeria. They appealed, complaining that the judge had directed that the offence under regulation 23 was an offence of strict liability. Held: The appeals failed. Once a substance or object has been discarded (and has therefore become waste) the … Continue reading Ezeemo and Others v Regina: CACD 16 Oct 2012
A premature baby suffered injury after mistaken treatment by a hospital doctor. He had inserted a monitor into the umbilical vein. The claimant suggested the treatment should have been by a more senior doctor. The hospital appealed a finding that it had failed to prove that it had not caused the injury. Held: The appeal … Continue reading Wilsher v Essex Area Health Authority: HL 24 Jul 1986
Clients sued their solicitors for negligence. The solicitors responded by claiming that, when acting as advocates, they had the same immunities granted to barristers. Held: The immunity from suit for negligence enjoyed by advocates acting in both criminal and civil proceedings is no longer appropriate or in the public interest and is removed: ‘The standard … Continue reading Arthur JS Hall and Co (A Firm) v Simons; Barratt v Woolf Seddon (A Firm); Harris v Schofield Roberts and Hill (A Firm): HL 20 Jul 2000
. .
A Local Authority failed in its duty by only observing rather than acting upon pollution of local beaches. . .
. .
A design for sunglasses was challenged for prior publication. However the law in England differed from that apparently imposed from Europe as to the existence of a 12 month period of grace before applying for registration.
Held: Instruments . .
