Compensation orders in statutory nuisance cases

The statutory nuisance provisions of Part IV of the Environmental Protection Act 1990 are primarily intended to provide a fast legal procedure to remedy a wide range of environmental problems. As such they fall rather uncomfortably between conventional models of criminal and civil liability. An important decision of the Divisional Court earlier this year illustrates these difficulties, and has helped clarify for the first time the extent to which magistrates may order compensation to be paid when dealing with such nuisances.

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