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 initiated by complaint under s99. Section 99 enabled an individual to bring proceedings by information in a magistrates’ court and thereby invoke against a local authority the penal provisions of section 94 and, secondly, that it was not a necessary preliminary to those proceedings that an abatement notice should be served.
Citations:
[1976] 1 All ER 839, [1976] 1 WLR 420
Statutes:
Jurisdiction:
England and Wales
Cited by:
Followed – Regina v Inner London Crown Court ex parte Bentham QBD 1989
The defendant sought legal aid to defend an action to abate a statutory nuisance under the 1936 Act.
Held: Such an action was criminal in nature. The action had been brought under section 99, but the imposition of a penalty under s94 was a . .
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 . .
Approved – Sandwell Metropolitan Borough Council v Bujok HL 1990
An offence arose under the 1936 Act when a complaint was brought by an aggrieved person. A person was entitled to make a complaint under section 94 without first serving an abatement notice. . .
Cited – Issa (Suing By her Next Friend and Father Issa) and Issa (Suing By her Next Friend and Father Issa) v Mayor and Burgesses of London Borough of Hackney CA 19-Nov-1996
A Local Authority found guilty of a statutory nuisance is not thereby liable for a civil damages suit. . .
Lists of cited by and citing cases may be incomplete.
Magistrates, Nuisance
Updated: 23 June 2022; Ref: scu.221522