Nuisance in United Kingdom

History

The Public Health Acts 1875 to 1907 contain elaborate provisions for dealing with nuisances.

Those which are dealt with summarily are thus enumerated:

• any premises in such a state as to be a nuisance or injurious to health;
• any pool, ditch, gutter, watercourse, privy, urinal, cesspool, drain or ashpit so foul or in such a state as to be injurious to health;
• any animal so kept as to be a nuisance or injurious to health;
• any accumulation or deposit which is a nuisance or injurious to health;
• any house or part of a house so overcrowded as to be dangerous or injurious to the health of the inmates, whether or not members of the same family;
• any factory, workshop or workplace not already under the operation of any general act for the regulation of factories or bakehouses not kept in a cleanly state or not ventilated in such a manner as to render harmless as far as practicable any gases, vapours, dust or other impurities generated in the course of the work carried on therein that are a nuisance or injurious to health, or so overcrowded while work is carried on as to be dangerous or injurious to the health of those employed therein;
• any fireplace or furnace which does not as far as practicable consume the smoke arising from the combustible used therein, and which is used for working engines by steam or in any mill, factory, dye-house, brewery, bakehouse or gas work, or in any manufacturing or trade process whatsoever; and
• any chimney not being the chimney of a private dwelling-house sending forth black smoke in such quantity as to be a nuisance.

The nuisances above enumerated are said to be nuisances liable to be dealt with summarily. It is the duty of every district council to inspect their district with a view to the discovery of any such nuisances. In the event of such discovery by them or of information given to them of the existence of any such nuisance, the district council are required to serve a notice requiring the abatement of the nuisance on the person by whose act, default or sufferance it arises or continues, or if such person cannot be found, on the owner or occupier of the premises at which the nuisance arises. The notice must require the abatement of the nuisance within a specified time, and must prescribe the works which in the opinion of the council are necessary to be done. If the nuisance arises from the absence or defective construction of any structural convenience, or if there is no occupier of the premises, the notice must be served upon the owner.

If the person who causes the nuisance cannot be found, and it is clear that the nuisance does not arise or continue by the act, default or sufferance of the owner or occupier of the premises, the local authority may themselves abate the nuisance without further order. If the person on whom the notice is served objects to give effect to it, he may be summoned before justices, and the justices may make an order upon him to abate the nuisance, or prohibiting the recurrence of the nuisance if this is likely, and directing the execution of the necessary works. If the nuisance is such as to render a dwelling-house unfit for human habitation, the justices may close it until it is rendered fit for that purpose. Disobedience under the order of justices involves a penalty and a daily penalty for every day during which default continues. Private persons may complain to justices in respect of nuisances by which they are personally aggrieved, and if the district council make default in doing their duty, the Local Government Board may authorize any officer of police to institute any necessary proceedings at the cost of the defaulting council. The district council may, if in their opinion proceedings before justices afford an inadequate remedy, take proceedings in the high court, but in that case, if the nuisance is of a public nature, they must proceed by action in the name of the attorney-general. The provisions as to nuisances are extended to ships by an act of 1885.

It is forbidden to establish within an urban district without the consent of the council any offensive trade, business or manufacture. With regard to any offensive trade which has been established or may be consented to in any urban district, if it is verified by the medical officer or any two legally qualified medical practitioners, or by any ten inhabitants of the district, to be a nuisance or injurious to health, the urban district council are required to take proceedings before magistrates with a view to the abatement of the nuisance complained of.

Unsound meat

Any medical officer or inspector of nuisances may inspect any meat, &c., exposed for sale or deposited in any place for the purpose of sale or of preparation for sale and intended for the food of man. This power of inspection is, in districts where the Public Health Act 1890 has been adopted, extended to all articles intended for the food of man. If upon such inspection the meat, &c., appears to be diseased, unsound or unwholesome, it may be taken before a justice for the purpose of being condemned, and the person to whom the meat, &c., belongs or in whose possession it was found is liable to a penalty or, in the discretion of the justices, to imprisonment for three months without the option of a fine. (1)

Nuisance Defined Case Law

• A selected English Real Property Law Case in relation with nuisance defined may be: Derrick Barr and Others v Biffa Waste Services Limited
• Year of the above case: 2011

Nuisance Defined Case Law

• A selected English Real Property Law Case in relation with nuisance defined may be: Lambert v Barratt Homes Ltd [Manchester Division]
• Year of the above case: 2010

Nuisance and Medieval Law

Nuisance and Legal History

Nuisance and Medieval Law

Nuisance and Legal History

Resources

See Also

• Magna Carta (in this legal Encyclopedia)
• Magna Carta (in this legal Encyclopedia)
• Adultery (in this legal Encyclopedia)
• Adultery (in this legal Encyclopedia)

Bibliographies of English Law History

• Maxwell, William H. A Legal Bibliography of the British Commonwealth of Nations. Volume 1: English Law to 1800. London: Sweet and Maxwell, 1955-
• Beale, Joseph H. A Bibliography of Early English Law Books. Cambridge: Harvard University Press, 1926.
• Winfield, Percy H. The Chief Sources of English Legal History. Cambridge: Harvard University Press, 1925.

Resources

See Also

• Medieval Laws (in this legal Encyclopedia)
• Law Making (in this legal Encyclopedia)
• Uses (in this legal Encyclopedia)
• Nuisance (in this legal Encyclopedia)

Bibliographies of English Law History

• Maxwell, William H. A Legal Bibliography of the British Commonwealth of Nations. Volume 1: English Law to 1800. London: Sweet and Maxwell, 1955-
• Beale, Joseph H. A Bibliography of Early English Law Books. Cambridge: Harvard University Press, 1926.
• Winfield, Percy H. The Chief Sources of English Legal History. Cambridge: Harvard University Press, 1925.

Nuisance and Medieval Law

Nuisance and Legal History

Resources

See Also

• Magna Carta (in this legal Encyclopedia)
• Magna Carta (in this legal Encyclopedia)
• Adultery (in this legal Encyclopedia)
• Adultery (in this legal Encyclopedia)

Bibliographies of English Law History

• Maxwell, William H. A Legal Bibliography of the British Commonwealth of Nations. Volume 1: English Law to 1800. London: Sweet and Maxwell, 1955-
• Beale, Joseph H. A Bibliography of Early English Law Books. Cambridge: Harvard University Press, 1926.
• Winfield, Percy H. The Chief Sources of English Legal History. Cambridge: Harvard University Press, 1925.

Resources

Notes and References

1. Encyclopedia Britannica (11th Edition)

See Also

Further Reading