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Statutory Nuisance: Law and Practice, by John Pointing, Rosalind Malcolm
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This is an authoritative book, which takes the reader through the practical and legal issues associated with each statutory nuisance and focuses on the problems the local authorities face in enforcing this area of law and for those advising defendants. The role, powers and duties of the local authorities, the problems associated with the drafting of abatement notices and with the prosecution of nuisance offenders are analysed comprehensively.
- Sales Rank: #16059130 in Books
- Published on: 2002-05-23
- Original language: English
- Number of items: 1
- Dimensions: 9.30" h x 1.20" w x 6.30" l, 1.73 pounds
- Binding: Hardcover
- 436 pages
Review
"Another very comprehensive and readable tract which is easy to commend and recommend"
--Howard Price, Environmental Health News
"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
"The publication of the second edition of Statutory Nuisance: Law and Practicer is a very welcome event."
--Neil Parpworth, Environmental Law & Management
About the Author
Rosalind Malcolm is University Director in Law at the University of Surrey where she lectures on a range of undergraduate, postgraduate and professional courses in aspects of environmental law, environmental prosecutions and expert evidence for lawyers, engineers and environmental health professionals. She also practises as a barrister in environmental and property law from Field Court Chambers, Gray's Inn.
John Pointing practises in environmental health and environmental law. He is an experienced trainer in legal matters for environmental health professionals, lawyers, and the medical profession and a Partner of Environmental Training Consultants.
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Statutory Nuisance....
By Phillip Taylor MBE
[[VIDEOID:mo1L2Q5UJIMO84U]]A CLEAN EXPLANATION AND EXAMINATION FOR PRACTITIONERS
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
The growing menace of nuisance inevitably means more volumes of contentious litigation, although the courts generally display a certain reluctance to intervene in these matters, as do the police generally and local authorities as well.
Nonetheless, statutory nuisance is becoming an expanding area of law, the subject matter of which is admirably well covered by Rosalind Malcolm and John Pointing in their new edition of `Statutory Nuisance' from Oxford University Press.
Statutory nuisances, as their name indicates, are created by statute, and there is a list of them in section 79 of the Environmental Protection Act 1990 (EPA 1990). Each deals with a problem relating to public health and the quality of life.
Rather inconveniently, each instance of statutory nuisance is different, which explains why there are several chapters of this book which deal separately with each category of statutory nuisance. Often it's difficult to determine the difference between a `nuisance' and a `statutory nuisance', in which case the nuisance in question must be identified as one -- in accordance with the list -- and must either be a `nuisance' or `prejudicial to health.'
As the authors point out the book concerns itself with the law and practice of statutory nuisance falling under Part III of the Act. Whatever the nature of the complaint, it's dealt with by the local council, in other words, public local authority whose decisions are publicly accountable.
We won't list the matters designated as statutory nuisances in detail, but they do include smoke, fumes, gases, smells, effluvia, animal nuisances, insects and noise from premises, or from machinery in a street. Also included in the Act is `any other matter declared by any enactment to be a statutory nuisance.'
Malcolm and Pointing's scholarly, thorough and readable book clarifies the vexed issues and frequent uncertainties pertaining to statutory nuisance. It deals first with the regulatory framework as well as the historical context of statutory nuisance and public health legislation.
Following Part II, which covers specific nuisances, it examines and explains procedure and evidence, including defences, appeals, remedies and the problems of enforcement, followed by an overview of evidential issues and preparation for Court. In addition to key legislation, this new edition covers important recent decisions and provides, among additional new material, an update on the various types of statutory nuisance.
To facilitate further research, there are extensive tables of cases and legislation, with three appendices and a detailed index at the back. In short, the book is an invaluable resource for practitioners in this frequently complicated and often intuitive area of law. The law is as stated on 1 June 2011.
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