Private action for a statutory nuisance—complaint to the magistrates’ court—section 82 of Environmental Protection Act 1990

Produced in partnership with Jeremy Phillips KC of FTB Chambers and Charles Forrest of FTB Chambers
Precedents

Private action for a statutory nuisance—complaint to the magistrates’ court—section 82 of Environmental Protection Act 1990

Produced in partnership with Jeremy Phillips KC of FTB Chambers and Charles Forrest of FTB Chambers

Precedents
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In the [insert name] Magistrates' Court

[insert date]

defendant: [insert name of person responsible for the statutory nuisance OR where applicable, the owner of the premises from which the nuisance arises]

Address: [insert address]

Matter of complaint

That on the [insert date] a statutory nuisance as defined by Environmental Protection Act 1990, s 79(1) [specify paragraph] existed at [specify the premises and its address] and continues to exist and that [name of person responsible for the statutory nuisance] is responsible for the statutory nuisance.

Particulars of the statutory nuisance

[state the nature

Jeremy Phillips
Jeremy Phillips, KC

Barrister (and Non-Practising Solicitor), FTB Chambers


As a leading barrister and former solicitor/partner in two international law firms, Jeremy represents companies, as well as government departments, councils, police forces and residents' groups across a unique range of associated legal disciplines.

His strategic and organisational skills in planning / highways, regulation, licensing and mediation derive from working for many years at the highest levels in both professions.

Qualified as solicitor in London in 1980. Partner Cartwrights (1982). Co-founder Holt Phillips (1984).

Equity partner Eversheds (following merger with Holt Phillips) (1994). Partner Osborne Clarke (2001) on consolidation of Eversheds' South West practices in Cardiff. Leader of national teams in both firms. Called to the Bar in 2004. Chambers of Andrew Tait QC, Francis Taylor Building ('FTB'), Inner Temple (2006 - date). Accredited mediator - CEDR (2008). Bar Council accredited to accept Public (direct) Access work (2010 - date). Member of the Bar Council (2014 - 2015) Ethics Committee (2015 - date). Also member of: Attorney-General's Panel (2006 - 2012); Constitutional and Administrative Law Bar Association (ALBA); Planning & Environment Bar Association (PEBA); Health & Safety Lawyers Association (HSLA); UK Environmental Lawyers Association (UKELA); Association of Regulatory & Disciplinary Lawyers (ARDL). Appointed QC in 2018.

Editor in Chief of 'Paterson's Licensing Acts' (105th Edition - date: Gen Ed since 1997); LexisPSL: Corporate Crime, Environmental Statutory Nuisance and Wildlife Crime (2017); Halsbury's Laws of England (contributor to 4th and 5th Editions) - Volumes 13, 26, 67 & 68; Atkins Court Forms - Precedents of Pleadings and Procedure - Volume 27 (1) and 'Phillips' Licensing Guide' (1st, 2nd and 3rd Editions). 

Charles Forrest
Charles Forrest

Charles is a barrister at Francis Taylor Building (FTB) Chambers. 
 
His areas of practice include Planning and Environment; Public and Local Government including judicial review; Rights of Way, Highways and Traffic; Infrastructure; Compulsory Purchase and Compensation; Regulatory/Criminal; Protests, Injunctions, and Committal; Licensing, Police, and Anti-social Behaviour; Rating and Council Tax; Tort and Land (often with a planning dimension)
 
He is regularly instructed by local authorities and other public bodies, large and small developers, action groups and similar, and individuals.
 
He has appeared as sole counsel before the High Court, planning inquiries, enforcement inquiries, traffic inquiries, DCO issue specific hearings, the Valuation Tribunal, Crown Court, County Court, Magistrates’ Court, and Council sub-committees. 

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Jurisdiction(s):
United Kingdom
Key definition:
Statutory nuisance definition
What does Statutory nuisance mean?

A nuisance is something which interferes with a person's right to use or enjoy their property and a statutory nuisance arises where such interference is prohibited by statute, or is such that it is prejudical to health.

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