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Criminal Proceedings Against Zwartveld and Others: ECJ 13 Jul 1990

Europa European Communities – Institutions – Obligations – Duty to cooperate with national authorities acting to ensure respect for Community law – Implementation – Disclosure of documents and authorization of officials to give evidence – Legitimate grounds of refusal – Review by the Court The Community institutions’ duty of sincere cooperation with the judicial authorities … Continue reading Criminal Proceedings Against Zwartveld and Others: ECJ 13 Jul 1990

Newbury District Council v Secretary of State for the Environment: HL 1980

Issues arose as to a new planning permission for two existing hangars. Held: The appeal succeeded. The question of the validity of conditions attached to planning permissions will sometimes be a difficult one. To be valid, a condition must be imposed for a planning purpose and not for an ulterior one; it must fairly and … Continue reading Newbury District Council v Secretary of State for the Environment: HL 1980

Environment Agency v M E Foley Contractors ltd and Another: QBD 18 Jan 2002

The defendant company did not accept that it had accepted special waste at its disposal plant. Instead they claimed to have the appropriate licence or exemption. Held: The burden of establishing acceptance of special waste was not on the defendant ,on a balance of probabilities, but lay on the prosecution. In effect he was claiming … Continue reading Environment Agency v M E Foley Contractors ltd and Another: QBD 18 Jan 2002

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Chiltern District Council, Regina (on the Application of) v Wren Davis Ltd: Admn 24 Jul 2008

The company appealed a notice requiring them to abate noise. They failed, but the effect was to extend the time for compliance by six months. The authority sought their costs since they had upheld the notice. Judges: Sir George Newman Citations: [2008] EWHC 2164 (Admin) Links: Bailii Statutes: Environmental Protection Act 1990 80 Jurisdiction: England … Continue reading Chiltern District Council, Regina (on the Application of) v Wren Davis Ltd: Admn 24 Jul 2008

AMEC Building Limited and Squibb and Davies Limited v London Borough of Camden: Admn 19 Jul 1996

Citations: [1996] EWHC Admin 41 Statutes: Environmental Protection Act 1990 80(4), Control of Pollution Act 1974 60(8) Jurisdiction: England and Wales Citing: Cited – A Lambert Flat Management Ltd v Lomas 1981 The court considered the relationship between the appeals procedure provided for by the regulations and the ‘reasonable excuse for non-compliance’ provisions in s.58(1)(4) … Continue reading AMEC Building Limited and Squibb and Davies Limited v London Borough of Camden: Admn 19 Jul 1996

Falmouth and Truro Health Authority v South West Water Services: Admn 23 Apr 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

Hackney London Borough Council v Rottenberg: QBD 24 Jan 2007

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

Surrey Free Inns Plc v Gosport Borough Council: Admn 28 Jan 1998

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

Kirklees Metropolitan Council v Field; Thackray; Marsh and Wilson: Admn 31 Oct 1997

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

John Lowe and Sandra Watson v South Somerset District Council: Admn 7 Jul 1997

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

Vella v London Borough of Lambeth: Admn 14 Nov 2005

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

Camden London Borough Council v London Underground Ltd: QBD 7 Jan 2000

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

Lambie and Another v Thanet District Council: QBD 17 Aug 2000

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

London Borough of Hackney, Regina (on the Application Of) v Rottenberg: Admn 24 Jan 2007

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

Polychronakis v Richards and Jerrom Limited: Admn 16 Oct 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

Wilson v Ashford Borough Council: Admn 9 Mar 2010

The defendant appealed against an order for costs made against her after service and enforcement of an abatement notice with respect to an audible intruder alarm at her premises. She had first lodged an appeal to the Crown Court, but argued that having abandoned it more than three days before the hearing it had been … Continue reading Wilson v Ashford Borough Council: Admn 9 Mar 2010

Manley and Another v New Forest District Council: Admn 6 Nov 2007

The defendants appealed by way of case stated against their convictions for noise nuisance for their husky kennels – ‘Howling Dog Kennels’. They said that it was impractical, both for animal welfare and cost reasons further to limit the noise. Held: It was for the defendants to have shown that the best practicable means were … Continue reading Manley and Another v New Forest District Council: Admn 6 Nov 2007

Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988

Loss of Confidentiality Protection – public domain A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations made. The AG sought to restrain those publications. Held: A duty of confidence … Continue reading Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988

Ethos Recycling Ltd v Barking and Dagenham Magistrates Court: Admn 13 Nov 2009

The company sought judicial review of the deceision by the respondent to issue an abatement notice. It said that under section 79 of the 1990 Act, such a notice fell within the term ‘summary proceedings’ and that therefore the consent of the secretary of State should first have been obtained. Held: The notice did not … Continue reading Ethos Recycling Ltd v Barking and Dagenham Magistrates Court: Admn 13 Nov 2009

Waveney District Council v Lowestoft (North East Suffolk) Magistrates’ Court and Another: Admn 25 Nov 2008

The council appealed by case stated against rejection of its claim of an asserted noise nuisance at the defendant’s paint factory. The magistrates had found that the notice had been served on the wrong (though related) company, and refused permission to alter the notice at trial. Held: The appeal failed. The application to amend amounted … Continue reading Waveney District Council v Lowestoft (North East Suffolk) Magistrates’ Court and Another: Admn 25 Nov 2008

Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017

Parliament’s Approval if statute rights affected In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the … Continue reading Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017

Birmingham City Council v Oakley: HL 29 Nov 2000

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

Lisa O’Toole v Knowsley Metropolitan Borough Council: Admn 18 May 1999

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

London Borough of Southwark v Venette Simpson: Admn 3 Nov 1998

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

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

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

Attorney-General’s Reference (No 5 of 2000): CACD 6 Jun 2001

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

Corner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry: CA 1 Mar 2005

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

Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

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

Westminster City Council v McDonald: Admn 28 Oct 2003

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

Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001

Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001

Regina v Dudley Magistrates Court ex parte Hollis; Robert v Same: Admn 25 Nov 1997

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

Beghal v Director of Public Prosecutions: SC 22 Jul 2015

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

Finn-Kelcey v Milton Keynes Council and MK Windfarm Ltd: CA 10 Oct 2008

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

law index

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