Source: All England Reporter
Publisher Citation: [2002] All ER (D) 285 (Jan)
Court: Administrative Court

Elias J

Representation Gavin Collett (instructed by Andrew Seddon) for the appellant.
  The respondent did not appear and was not represented.
Judgment Dates: 30 January 2002


Nuisance - Noise - Abatement notice - Environmental Health Authority issuing abatement notice to person running metal polishing business - Appeal against abatement notice - Justices quashing abatement notice - Authority appealing, contending justices failing to give adequate reasons - Whether justices in error.

The Case

Justices had been entitled to quash an abatement notice on the grounds that an appellant had taken all reasonable steps to reduce noise, in circumstances where they had failed to refer to the relevant provisions of the Statutory Nuisance (Appeals) Regulations.

If you are a LexisLibrary subscriber you can read more about this case here.