000 01299cab a2200181 4500
001 ABS40094
008 090401t1988 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u21430
041 _aeng
245 _aCity of London Corporation v Bovis Construction Ltd
260 _c1988
350 _a0
490 _aConstruction Law Journal
_v4(3) 1988, 203-216(14)
520 _aCA 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.
690 _aBUILDING AND CONSTRUCTION-CASE LAW
942 _n0
948 _c04/03/1997
999 _c14386
_d14386