Initial action
Before approaching the court it is a good idea to write to
the perpetrator saying that unless the nuisance ceases by a certain
date (say two weeks) you will complain to the Magistrates’
court. Keep a copy of all correspondence. If the
perpetrator ignores all verbal or written requests contact the
Justices’ Clerk’s Office at your Local Magistrates’ Court
explaining that you wish to make a complaint under section 82 of
the Environmental Protection Act 1990.
The clerk of the court will be able to advise you further
e.g. if you intend to complain direct to the
Magistrates’ court then you must give at least three days notice to
the perpetrator of your intentions. You will need to
follow this procedure even if you have already written to the
perpetrator along the lines outlined above. The notice should
provide details of the intended complaint and may be delivered by
hand or normal post. A solicitor' letter may carry more
weight this obviously this will incur increased costs.
Further action
You would need to prove to the magistrate beyond reasonable
doubt that what you are complaining about amounts to a
nuisance. The diary you keep will be important
evidence. Also, although the law says that only one person
needs to be affected for there to be a nuisance the evidence of
other witnesses will strengthen your claim.
A date will be set for the hearing and the person about whom you
are complaining will be summoned to attend court. You will be
required to explain your view of the problem and should provide
evidence – your diaries and any independent witnesses – about the
nuisance. You will have to give evidence and cross-examine
your own supporting witnesses to draw out their evidence. The
neighbour will be able to cross-examine you and your witnesses and
may produce their own evidence to contradict yours. Again, a
solicitor can help, but there is no reason why you cannot take
action on your own. The law relating to business premises is
slightly different. They can defend themselves by proving
that they are using the 'best practicable means' to prevent the
nuisance.
Outcome
If you prove the case the court will make an order requiring the
nuisance to be abated and/or prohibit recurrence of the
nuisance. The court also has the power at the time the
nuisance order is made to impose a fine on the defendant (currently
not exceeding £2,000). If this order is ignored further court
action will need to be taken. You must therefore continue to
keep records of the nuisance in case it proves necessary to return
to court. If you fail to prove your case you may have to pay
some of the defendant’s costs in coming to court.