Key Facts
- •Appellant is a tenant complaining of serious mould growth in his flat, alleging statutory nuisance.
- •Magistrates' Court dismissed the Appellant's complaint.
- •Appellant appeals by way of case stated, seeking to amend the Case Stated (CS).
- •The CS initially lacked key findings of fact and raised insufficient questions of law.
- •Respondents disagreed on the extent of necessary amendments to the CS.
Legal Principles
Summary procedure for abatement of nuisance under Environmental Protection Act 1990 (EPA 1990), s.82.
Environmental Protection Act 1990
Appeal procedure under Magistrates' Courts Act 1980, s.111 and Criminal Procedure Rules 2020, Part 35.
Magistrates' Courts Act 1980; Criminal Procedure Rules 2020
High Court's power to amend or remit a case stated under Senior Courts Act 1981, s.28A.
Senior Courts Act 1981
Requirements for a Case Stated under Criminal Procedure Rules 2020, r.35.3.
Criminal Procedure Rules 2020
The need for reasons in NCTA decisions, supported by case law.
R v Harrow Crown Court ex. P. Dave [1994] 1 WLR 98; R v Inner London Crown Court Ex. P Lambeth LBC [1999] 12 WLUK 186
Outcomes
The High Court granted the application to amend the Case Stated.
To ensure a fair and effective appeal hearing by addressing all raised issues.
The Case Stated was remitted to the Magistrates' Court for amendment.
The High Court lacks the power to directly amend the CS; its role is to guide the amendment.