Regina v Metropolitan Stipendiary Magistrate, Ex Parte Mahmed Ali: Admn 28 Apr 1997

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 only to one subsection, and not the one at issue. Absent reasons for the decision, the applicant was deprived of the ability to pursue his case. The applicant sought his costs. The power to order costs against a magistrate was considered. Where costs had been incurred through the failure of the magistrate to do those things properly required of him or her then costs might well be awarded.

Citations:

HC Admin 417

Links:

Bailii

Statutes:

Environmental Protection Act 1990 79(1)(a)

Citing:

CitedRegina v Kerr and the Hackney Borough Council 1996
. .
CitedRegina v Newcastle Under Lyme Magistrates Court Ex Parte Massey and Others QBD 7-Oct-1994
Guidance was given on orders for payment of costs by justices who found themselves respondents to judicial review proceedings. Justices who refused consent to quash a committal and failing to appear may be subject to such orders. . .
Lists of cited by and citing cases may be incomplete.

Nuisance, Costs, Magistrates

Updated: 26 May 2022; Ref: scu.137362