R v Dudley Magistrates Court, ex p Hollis; Hollis v Dudley MDC; Probert v Dudley Metropolitan Council
R v Dudley Magistrates Court, ex p Hollis; Hollis v Dudley MDC; Probert v Dudley Metropolitan Council
- 1998
- Journal of Planning and Environment Law [1998] JPL 652-664(13) .
QBD 25 November 1997. Local authority tenants - complaints laid under s82 EPA 90 alleging statutory nuisance - Council indicated works would be undertaken but not within required timescale - tenants costs of proceedings disallowed in Magistrates Court - appeal by way of case stated - application for judicial review of magistrates decision to adjourn - interpretation of s82(12) EPA 1990 - Court not entitled to refuse costs on grounds that complaints unreasonably laid - adjournment could not be granted to avoid the consequences the law provided would follow should the hearing proceed - appeal aand application allowed.
BOTROSS V HAMMERSMITH AND FULHAM LBC
COSTS
ENVIRONMENTAL PROTECTION ACT 1990 S79
ENVIRONMENTAL PROTECTION ACT 1990 S82
LANDLORDS
NOTICE OF DEFECTS
R V LIVERPOOL CROWN COURT EX P COOK
REASONABLENESS
STATUTORY NUISANCE
TENANTS
WORKS
WRITTEN NOTICE
QBD 25 November 1997. Local authority tenants - complaints laid under s82 EPA 90 alleging statutory nuisance - Council indicated works would be undertaken but not within required timescale - tenants costs of proceedings disallowed in Magistrates Court - appeal by way of case stated - application for judicial review of magistrates decision to adjourn - interpretation of s82(12) EPA 1990 - Court not entitled to refuse costs on grounds that complaints unreasonably laid - adjournment could not be granted to avoid the consequences the law provided would follow should the hearing proceed - appeal aand application allowed.
BOTROSS V HAMMERSMITH AND FULHAM LBC
COSTS
ENVIRONMENTAL PROTECTION ACT 1990 S79
ENVIRONMENTAL PROTECTION ACT 1990 S82
LANDLORDS
NOTICE OF DEFECTS
R V LIVERPOOL CROWN COURT EX P COOK
REASONABLENESS
STATUTORY NUISANCE
TENANTS
WORKS
WRITTEN NOTICE