Overview

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.

Full Product Details

Author:   Rosalind Malcolm (Professor of Law, University of Surrey; Barrister, Guildford Chambers) ,  John Pointing (Senior Lecturer in Law, Kingston University; Barrister)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Edition:   2nd Revised edition
Dimensions:   Width: 16.30cm , Height: 3.00cm , Length: 24.20cm
Weight:   0.001kg
ISBN:  

9780199564026

ISBN 10:   0199564027
Pages:   472
Publication Date:   22 September 2011
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   To order  
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

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.

Reviews

another very comprehensive and readable tract Howard Price, Chartered Institute of Environmental Health 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

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

Author Information

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

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