| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 245 (Nov) |
| Court: | Administrative Court |
| Judge: | Forbes J |
| Representation | Stephen Tromans (instructed by Middleton & Upsall, Warminster) for the A. |
| Ricardo Grouno (instructed by Michael Mundy, Andover) for the authority. | |
| Judgment Dates: | 16 November 2001 |
Catchwords
Nuisance - Statutory nuisance - Accumulation or deposit prejudicial to health or a nuisance - Prejudicial health - Claimants contending accumulation causing sensitivity to spores and mould - Test of prejudice to health - Whether test objective whatever reason for level of allergy - Environmental Protection Act, s 79(1)(e).
The Case
The test to determine whether an accumulation was prejudicial to health under s79(1)(e) of the remained objective, whatever the reason for the symptoms of which complaint had been made, including where the accumulation complained of was alleged to be the cause of a sensitivity that had given rise to the symptoms.
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