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McCracken, Jones and Pereira on Statutory Nuisance 5th ed


ISBN13: 9781526529220
Previous Edition ISBN: 9781526509581
To be Published: September 2026
Publisher: Bloomsbury Professional
Country of Publication: UK
Format: Paperback
Price: £155.00





McCracken, Jones and Pereira on Statutory Nuisance has established itself as invaluable both for skilled professionals and lay citizens on an important regime for the protection of the environment in which people live their everyday lives. The work has been cited with approval by judges in the highest courts. The authors identify and grapple with not only the issues that have arisen before the courts but also problems of principle and practice which have not yet been addressed by judges.

The Fifth Edition covers significant developments such as:

  • Supreme Court decision reformulating the fundamentals of amenity nuisance in Fearn v Tate Gallery [2023] UKSC 4
  • Court of Appeal decision limiting the powers of local authorities in Ball v Hinckley & Bosworth [2024]
  • High Court decision on costs in criminal and citizen proceedings Lewis v Francis & Borie [2025]
  • Criminal Procedure Rules 2025
  • Distinctions, qualifications, doubts and affirmations relating to pre-existing cases

Essential reading for local authorities, environmental and local government practitioners, magistrates' courts, environmental health officers and community groups. It is both the starting point for consideration of the questions which arise in practice, and an essential companion to any court appearance or meeting where potential nuisances are being considered.

Clear, readable and user friendly, this book provides lucid explanation, practical guidance, primary materials needed in court, and technical material which is often difficult to find– all in one handy volume. It is both accessible to the layman and illuminating to the experienced practitioner. The work takes you through the processes, from initial assessment, document drafting, to the magistrates' court, and beyond to the highest courts in the United Kingdom and Strasbourg. It recognises the importance of the practicalities of enforcement, prosecution and costs.

Subjects:
Local Government Law, Environmental Law
Contents:
Chapter 1 Nature and Scope of Statutory Nuisance
Chapter 2 Duties and Powers of Local Authorities
Chapter 3 The Abatement Notice
Chapter 4 Challenging an Abatement Notice
Chapter 5 Criminal Proceedings under EPA 1990, section 80 for Breaches of the Requirements of an Abatement Notice
Chapter 6 Statutory Nuisance Proceedings Brought by an Individual
Chapter 7 Costs and Compensation
Chapter 8 Noise and Smell
Chapter 9 Other Powers Dealing with Problems Akin to Nuisance
Chapter 10 Other Environmental Regimes

Appendix A Forms and draft notices
Appendix B Material relating to statutory nuisance
Appendix C Material relating to magistrates' court, Crown Court and High Court proceedings
Appendix D Material relating to evidence
Appendix E Material relating to sentencing and costs
Appendix F Human rights
Appendix G Miscellaneous statutory material
Appendix H Guidance relating to noise, smell, lighting, insects and parking
Appendix I List of useful links