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STATUTORY NUISANCE NOTICE NEED NOT SET OUT REMEDY

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Judges in the queen's bench divisional court have ruled that when issuing a notice of intention to bring statutory ...
Judges in the queen's bench divisional court have ruled that when issuing a notice of intention to bring statutory nuisance proceedings under s82(6) of the Environmental Protection Act 1990, it was not necessary to be over-technical.

Nor was it necessary to specify the capacity in which a proposed defendant was being requested to abate the nuisance, reports The Times (p44).

The court so held in dismissing an appeal by landlords, East Staffordshire BC, against an order that the council pay costs to a tenant, George Fairless, under s82(12) of the 1990 Act.

The judges said it was important that ordinary members of the public who might not have any legal expertise, such as tenants, were not deterred from pursuing complaints which were well founded on the merits, by over-technical requirements.
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