Noise nuisance and evidence

In Cooke v Adatia and others (Times Law Reports, 3 November 1988), the High Court has held that the existence of a statutory noise nuisance may be proved solely on evidence from an environmental health officer (EHO). The decision of magistrates to throw out a prosecution under section 58 of the Control of Pollution Act 1974 on the grounds that there was no other evidence to prove the nuisance was wrong. The result confirms what many would already have felt to be the legal position, but as the first High Court ruling on the point the case strengthens the hand of local authorities where evidence from affected neighbours and others is not forthcoming.

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