Practice and Procedure

WAVENEY DISTRICT COUNCIL v (1) LOWESTOFT (NORTH EAST SUFFOLK) MAGISTRATES COURT (Respondent) (2) WITHAM OIL & PAINT (LOWESTOFT) LTD (Interested Party) (2008)

PUBLISHED November 25, 2008
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[2008] EWHC 3295 (Admin)

A magistrates' court had no power at a preliminary stage of an appeal against an abatement notice to allow the amendment of the notice; however, it did have power under the Statutory Nuisance (Appeals) Regulations 1995 reg.2(5) when making a final order on an appeal to vary a notice so that it took effect as if it had originally been served on another person in substitution for the person named on it, or on another person in addition to the person named on it.

QBD (Admin) (Charles J)

25/11/2008

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