Statutory Nuisance: Law and Practice
Law and Practice
2nd Edition
Published on 22. September 2011
Book
Paperback/Softback
472 pages
978-0-19-956402-6 (ISBN)
Description
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.
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.
Reviews / Votes
...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 Practice^r is a very welcome event. * Neil Parpworth, Environmental Law & Management *More details
Edition
2nd Revised edition
Language
English
Place of publication
Oxford
United Kingdom
Target group
Professional and scholarly
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.
Edition type
Revised edition
Dimensions
Height: 242 mm
Width: 163 mm
Thickness: 30 mm
Weight
814 gr
ISBN-13
978-0-19-956402-6 (9780199564026)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Rosalind Malcolm | John Pointing
Statutory Nuisance: Law and Practice
E-Book
09/2011
1st Edition
OUP Oxford
€118.09
Available for download
Previous edition
Rosalind Malcolm | John Pointing | Both at Field Court Chambers, Gray's Inn, John Pointing and Rosalind Malcolm
Statutory Nuisance Law and Practice
Book
04/2002
Oxford University Press
€83.08
Article exhausted; check for reprint
Persons
Rosalind Malcolm is Professor of Law at the University of Surrey, where she also acts as Director of the Environmental Regulatory Research Group. She is a practising barrister and a member of Guildford Chambers.
John Pointing is Senior Lecturer in Law at Kingston University. He is also a self-employed barrister in private practice, with over 15 years' experience working in environmental law, and is the Legal Partner of Statutory Nuisance Solutions, which provides legal advice and technical help to local authorities, solicitors and businesses
John Pointing is Senior Lecturer in Law at Kingston University. He is also a self-employed barrister in private practice, with over 15 years' experience working in environmental law, and is the Legal Partner of Statutory Nuisance Solutions, which provides legal advice and technical help to local authorities, solicitors and businesses
Content
PART I: STRUCTURE AND BACKGROUND ; 1. Synopsis ; 2. The Regulatory Framework ; 3. The Historical Context of Statutory Nuisance and Public Health ; 4. The Concept of Statutory Nuisance ; PART II: THE SPECIFIC NUISANCES ; 5. Premises ; 6. Noise ; 7. Atmospheric Emissions ; 8. Animals ; 9. Accumulations and Deposits ; 10. Artificial Light ; 11. Insects ; 12. Miscellaneous Nuisances in Other Legislation ; PART III: PROCEDURE AND PRACTICE ; 13. The Impact of the Human Rights Act 1998 ; 14. Enforcement: Use of Abatement Notices ; 15. Appeals Against Abatement Notices ; 16. Offences and Prosecution for Breach of an Abatement Notice ; 17. Defences ; 18. Section 82 Proceedings ; 19. Other Remedies and Alternative Proceedings to the Abatement Notice Procedure ; 20. Overview of Evidential Issues and Preparation for the Court Hearing ; APPENDICES ; A. Part III Environmental Protection Act 1990 and relevant Schedules ; B. Statutory Nuisance (Appeals) Regulations 1995 ; C. 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.