City of London Corporation v Bovis Construction Ltd
City of London Corporation v Bovis Construction Ltd
- 1988
- Construction Law Journal 4(3) 1988, 203-216(14) .
CA 18 April 1988. Main contractors (B), responsible for management of a construction site , were served with a notice under Control of Pollution Act 1974 s60 to restrain the level of noise . It was alleged that the notice had been contravened and this was a criminal offence . As the case was unlikely to be heard until July 1988 the local authority sought injunctions to restrain the continued breach of the notice. B appealed on the grounds that the remedies of the civil law should not be used to enforce criminal law, especially before there had been a successful prosecution and that they were not the proper defendants; the subcontractors were. It was held that as the noise had not stopped the civil law could be used to prevent further breach of the criminal law and that B were the correct defendants as managers of the site.
CA 18 April 1988. Main contractors (B), responsible for management of a construction site , were served with a notice under Control of Pollution Act 1974 s60 to restrain the level of noise . It was alleged that the notice had been contravened and this was a criminal offence . As the case was unlikely to be heard until July 1988 the local authority sought injunctions to restrain the continued breach of the notice. B appealed on the grounds that the remedies of the civil law should not be used to enforce criminal law, especially before there had been a successful prosecution and that they were not the proper defendants; the subcontractors were. It was held that as the noise had not stopped the civil law could be used to prevent further breach of the criminal law and that B were the correct defendants as managers of the site.