Breakfast Briefing: Court of Appeal Judgment in R (Ball v Hinckley & Bosworth Council - local authority powers to vary an Abatement Notice issued against a statutory nuisance - Francis Taylor Building

The issue raised in R Ball v Hinckley & Bosworth Council  [2024] EWCA CIV 433 is whether a local authority has the power to vary an abatement notice which it has issued against a statutory nuisance under s.80 of the Environmental Protection Act 1990. When granting permission to appeal, Lewison LJ said that he thought that the issue raised by the appeal was important. There was no authority directly on this point.  The Court of Appeal allowed the appeal (judgment here).

Lord Justice Coulson and the other Lord and Lady Justice decided that there was no power to vary an abatement notice. Part of their reasoning was that local authorities cannot by law ever consider whether best practicable means are being adopted by a business. They have a duty to serve an abatement notice even if they are sure that magistrates would have to allow an appeal against the abatement notice on the basis of the defence of best practicable means. This reasoning has wide ranging implications not least in relation to the costs of such appeals.

At this briefing, statutory nuisance experts, Robert McCracken KC, Gregory Jones KC and James Pereira KC will discuss the judgment and its implications for both local authorities and others.  They are the authors of the definitive text book in this area – Statutory Nuisance, 4ed, Bloomsbury Professional.

Practical Information

Date: 18 June 2024.
Time: Registration over coffee and pastries from 8.00am. Briefing from 8.30-9.30am.
Venue: Francis Taylor Building, Inner Temple, London, EC4Y 7BY.
Cost: There is no charge to attend but places are limited and will be offered on a first come first served basis.
Booking: To reserve places, please complete the online booking form using the button below.