Statutory Nuisance: Law and Practice by Rosalind MalcolmStatutory Nuisance: Law and Practice by Rosalind Malcolm

Statutory Nuisance: Law and Practice

byRosalind Malcolm, John Pointing

Paperback | October 15, 2011

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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 authoritiesface 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 proceedingsbrought 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.
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, w...
Title:Statutory Nuisance: Law and PracticeFormat:PaperbackDimensions:472 pages, 9.69 × 6.73 × 0.03 inPublished:October 15, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199564027

ISBN - 13:9780199564026

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Table of Contents

Part I: Structure and Background1. Synopsis2. The Regulatory Framework3. The Historical Context of Statutory Nuisance and Public Health4. The Concept of Statutory NuisancePart II: The Specific Nuisances5. Premises6. Noise7. Atmospheric Emissions8. Animals9. Accumulations and Deposits10. Artificial Light11. Insects12. Miscellaneous Nuisances in Other LegislationPart III: Procedure and Practice13. The Impact of the Human Rights Act 199814. Enforcement: Use of Abatement Notices15. Appeals Against Abatement Notices16. Offences and Prosecution for Breach of an Abatement Notice17. Defences18. Section 82 Proceedings19. Other Remedies and Alternative Proceedings to the Abatement Notice Procedure20. Overview of Evidential Issues and Preparation for the Court HearingAppendicesA. Part III Environmental Protection Act 1990 and relevant SchedulesB. Statutory Nuisance (Appeals) Regulations 1995C. 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.