Statutory Nuisance Orders - Shining a Light on s.82 EPA 1990 Applications

Introduction

This virtual classroom seminar will consider the application procedure for a Nuisance Order under s.82 of the Environmental Protection Act 1990.

It will combine discussion on the key legal framework with the latest legal developments, as well as giving practical tips and advice.

S.82 provides a very useful remedy, but its unique character and procedure can pose serious pitfalls for practitioners and their clients.

The content of this session will span the full lifetime of an application and will provide information on how to succeed whether you act for an applicant or a defendant.

It will consider the circumstances in which such an application can be brought, standing, and identifying the correct defendant, as well as procedural rules and obligations both before and during the proceedings, the application hearing itself, and the much-litigated question of recovering costs and expenses. It will also consider what happens if a nuisance order is breached.

What You Will Learn

This live and interactive course will cover the following:

• Why and when to use the application procedure
• The meaning of ‘person aggrieved’ and identifying the correct prospective defendant
• How to draft and serve the notice of intention to bring the application
• Important disclosure obligations of a prosecutor
• The procedure and rules before and at the hearing
• The hearing itself, including the test to be applied and how to meet it, the defences available to defendants, and remedies available to the court if the application succeeds
• Expert witnesses - obligations and evidence
• The special rules on recovery of expenses and costs
• The offence of failing to comply with a nuisance order, defences, and remedies available to the court in the event of conviction

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.