Statutory nuisances and private actions

Guidance on the award of costs has been given by the House of Lords in a recent judgement concerning procedures under the Public Health Act 1936 which permit private persons to take action in magistrates courts in respect of statutory nuisances.

Sandwell Metropolitan Borough Council v Bujok ((1990) 3 All England Reports 385) is probably the last decision of the higher courts concerning the Public Health Act provisions, which are to be replaced by the new provisions on statutory nuisances in Part III of the Environmental Protection Act 1990. These come into force on 1 January 1991.

The case concerned a council tenant who laid a complaint under section 99 of the 1936 Act agains

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