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.
Judges:
Lord Griffiths
Citations:
[1990] 3 All ER 385, [1990] 1 WLR 1350
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – Sandwell Metropolitan Borough Council v Bujok CA 1989
It was not necessary first to serve an abatement notice before commencing proceedings for statutory nuisance under s99. ‘. . . It is surely repugnant to common sense that in the area of legal activity a local authority should be prosecuted by one of . .
Approved – Regina v Newham Justices, ex parte Hunt etc CA 1976
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 . .
Lists of cited by and citing cases may be incomplete.
Nuisance, Crime
Updated: 06 May 2022; Ref: scu.221519
