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Vol 21 No 8 Aug/Sept 2016

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Statutory Nuisance: Law and Practice 2nd ed isbn 9780199564026

Statutory Nuisance: Law and Practice

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ISBN13: 9780199242467
ISBN: 0199242461
New Edition ISBN: 9780199564026
Published: September 2002
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print



This is an essential text for practitioners at all levels in the legal and environmental health professions as well as for those working for community groups and consumer organisations. It is equally indispensable for private individuals who wish to challenge local authority decisions or to commence their own proceedings in the magistrates' courts against the 'nuisance offender'.;The law of statutory nuisance was first formulated in the middle of the nineteenth century, yet it continues to raise all sorts of difficulties for practitioners, lawyers and the courts. This book considers the origins of statutory nuisance, analyses its conceptual basis, and considers each of the statutory nuisances set out and incorporated into the Environmental Protection Act 1990. Particular emphasis is given to the most problematic statutory nuisances, such as noise nuisance and those arising within residential premises.

This is an authoritative book, which takes the reader through the practical and legal issues associated with each statutory nuisance and focuses on the problems the local authorities face in enforcing this area of law as well as for those advising defendants. The role, powers and duties of the local authorities, the problems associated with the drafting of abatement notices and with the prosecution of nuisances are analysed. Also covered are defences and proceedings brought by private individuals against neighbours and local authority landlords.;The focus is also on what happens in court. The procedure and requirements in appeals against notices and in prosecutions are considered in detail, as are the grounds for bringing further appeals and judicial review. Important recent decisions of the Court of Appeal and House of Lords, such as Falmouth & Truro PHA, ex p South-West Water, Baxter v Camden and Oakley v Birmingham, are analysed. The implications of recent legislation such as the Human Rights Act 1998 and the Regulation of Investigatory Powers Act 2000 are also considered.

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Subjects:
Environmental Law
Contents:
1. Synopsis
PART I: STRUCTURE AND FRAMEWORK; 2. The Regulatory Framework; 3. The Historical Context of Statutory Nuisance and Public Health Legislation; 4. The Concept of Statutory Nuisance
PART II: THE SPECIFIC NUISANCES; 5. Premises; 6. Noise and Noise Nuisance; 7. Atmospheric Emissions; 8. Animals; 9. Accumulations and Deposits; 10. Miscellaneous Nuisances in Other Legislation
PART III: PROCEDURE AND EVIDENCE; 11. Implications of the Human Rights Act 1998; 12. Enforcement: Use of Abatement Notices; 13. Appeals Against Abatement Notices; 14. Offences and Prosecution for Breach of an Abatement Notice; 15. Defences; 16.
Section 82 Proceedings; 17. Other Remedies; 18. Overview of Evidential Issues and Preparation for Court; APPENDICES; Environmental Protection Act 1990 - Extracts; Statutory Nuisance (Appeals) Regulations 1995, SI 1995/2644; Other Legislation - Extracts; Appendix D: Extracts from Codes made under the Police and Criminal Evidence Act 1984