Source: All England Reporter
Publisher Citation: [2005] All ER (D) 171 (Nov)
Neutral Citation: [2005] EWHC 2473 (Admin)
Court: Queen's Bench Division (Divisional Court)
Judge:

Keene LJ and Poole J

Representation David Watkinson (instructed by the Hackney Law Centre) for the claimant.
  Andrew Arden QC and Jonathan Manning (instructed by Judge and Priestley, Bromley) for the local authority.
  Christopher Baker (instructed by Devonshire Solicitors) for the London & Quadrant Housing Trust, the interested party.
Judgment Dates: 14 November 2005

Catchwords

Nuisance - Statutory nuisance - Premises in such a state as to be prejudicial to health - Inadequate sound insulation - Local authority refusing to serve abatement notice on landlord of premises - Whether lack of sound insulation capable of rendering premises in such a state as to be prejudicial to health - Whether local authority erring in law in failing to serve abatement notice - , s 79(1)(a).

The Case

A lack of adequate sound insulation could not cause premises to be in such a state as to be prejudicial to health for the purposes of s79(1)(a) of the .

Practice Areas

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