Statutory nuisance

Statutory nuisance

R v. Bristol City Council ex. p. Everett [1998]42 EG 166

Briefly, the court held that the fact that a two-storey house had a steep internal staircase, which could possibly have resulted in the occupant falling and injuring herself, was not of itself sufficient to amount to a statutory nuisance.

In R v. Dudley Magistrates Court ex. p. Hollis [1998] 18 EG 133 and two other cases heard and reported at the same time, the Divisional Court ruled that the Magistrates had no jurisdiction to refuse to award costs to a private individual bringing proceedings for statutory nuisance, if it was established that a statutory nuisance did in fact exist at the time proceedings were commenced; further, that the Magistrates were not entitled to adjourn proceedings in order to avoid a conviction so as to deprive the complainant of the opportunity to seek compensation.

The law is stated as it is understood to be up to 1 November 1998.