Details
- Guides the reader through the practical and legal issues associated with statutory nuisance
- Each category of nuisance is dealt with in a separate chapter, providing an in-depth analysis and clear understanding of the topic
- A practical approach addresses the problems which arise in this area of law and offers suggestions for avoiding pitfalls
- Particular emphasis is given to problematic statutory nuisances such as noise
- Accessible to lawyers and environmental health professionals
- Explores the problems that local authorities face in enforcing this area of law
New to this edition
- New chapters on recent forms of statutory nuisance including light and insects and alternative proceedings to the abatement notice procedure
- Expansion and substantial revision of existing material to include areas of enforcement such as Better Regulation initiatives, new provisions to combat noise, and updates to procedures for investigation and bringing a case to court
- New coverage of public nuisance, injunctions, the Clean Neighbourhoods and Environment Act 2005, and the Licensing Act 2003
Statutory Nuisance: Law and Practice offers a comprehensive resource for practitioners in the legal and environmental health professions, guiding the reader through the complex practical and legal issues associated with statutory nuisance. It focuses on the problems that local authorities face in enforcing this area, as well as the issues facing those advising defendants. This title examines the role, powers, and duties of the local authorities, and the problems associated with drafting abatement notices and with the prosecution of nuisances. It also covers defences and proceedings brought by private individuals against neighbours and local authority landlords.
The book analyses what happens in court, considering in detail the procedure and requirements in appeals against notices and in prosecutions, as well as the grounds for bringing further appeals and judicial review. It covers important recent decisions and key legislation.
This new edition provides an update on the various types of statutory nuisance, additional chapters on new forms of statutory nuisance, and expanded material on adjacent areas of enforcement to statutory nuisance, notably those arising from the Anti-Social Behaviour agenda.
Readership: Primary: Solicitors and barristers specializing in local government, environmental, public, and commercial law. Local authority environmental health and housing officers. Environmental health practitioners in private practice and in the public sector. Secondary: Academic lawyers (environmental, tort, and property lawyers); environmental health students, including those studying for professional qualifications under the Chartered Institute of Environmental Health; Postgraduate and undergraduate law students studying environmental law. Community groups.
Part I: Structure and Background1: Synopsis2: The Regulatory Framework3: The Historical Context of Statutory Nuisance and Public Health4: The Concept of Statutory NuisancePart II: The Specific Nuisances5: Premises6: Noise7: Atmospheric Emissions8: Animals9: Accumulations and Deposits10: Artificial Light11: Insects12: Miscellaneous Nuisances in Other LegislationPart III: Procedure and Practice13: The Impact of the Human Rights Act 199814: Enforcement: Use of Abatement Notices15: Appeals Against Abatement Notices16: Offences and Prosecution for Breach of an Abatement Notice17: Defences18: Section 82 Proceedings19: Other Remedies and Alternative Proceedings to the Abatement Notice Procedure20: Overview of Evidential Issues and Preparation for the Court HearingAppendicesA: Part III Environmental Protection Act 1990 and relevant SchedulesB: Statutory Nuisance (Appeals) Regulations 1995C: Excerpts from other Acts, Noise Act 1996, Clean Air Act 1993, Housing Act 1996, Protection from Harassment Act 1997, Criminal Justice Act 2003, Clean Neighbourhoods and Environment Act 2005.
Rosalind Malcolm, Professor of Law, University of Surrey; Barrister, Guildford Chambers, and John Pointing, Senior Lecturer in Law, Kingston University; Barrister
"...another very comprehensive and readable tract which is easy to commend and recommend" - Howard Price, Environmental Health News
"Malcolm and Pointing's scholarly, thorough and readable book clarifies the vexed issues and frequent uncertainties pertaining to statutory nuisance...an invaluable resource for practitioners in this frequently complicated and often intuitive area of law." - Phillip Taylor MBE & Elizabeth Taylor of Richmond Green Chambers
"...the publication of the second edition of iStatutory Nuisance: Law and Practicer is a very welcome event." - Neil Parpworth, Environmental Law & Management
