*/
Nuisance – Statutory nuisance. The instant proceedings arose out of the service of an abatement notice (the notice) by the interested party local authority on the claimant Royal British Legion Club. The claimant appealed against the notice and the matter was dealt with at a trial before the defendant Magistrates' Court in front of a district judge. The judge found that the notice had been justified and reasonable and the claimant had not used the best practical means to counteract the nuisance (the first disputed decision). However, he ordered that each side should pay its own costs (the second disputed decision). Dismissing the claimant's claim for judicial review of the first and second disputed decisions, the Administrative Court held that: (i) the instant case had been an exceptional case where, despite the fact that the claimant had been the winning party, it should be able to bring judicial review proceedings; however, (ii) the district judge's findings had not been irrational, perverse or unreasonable.
Nuisance – Statutory nuisance. The instant proceedings arose out of the service of an abatement notice (the notice) by the interested party local authority on the claimant Royal British Legion Club. The claimant appealed against the notice and the matter was dealt with at a trial before the defendant Magistrates' Court in front of a district judge. The judge found that the notice had been justified and reasonable and the claimant had not used the best practical means to counteract the nuisance (the first disputed decision). However, he ordered that each side should pay its own costs (the second disputed decision). Dismissing the claimant's claim for judicial review of the first and second disputed decisions, the Administrative Court held that: (i) the instant case had been an exceptional case where, despite the fact that the claimant had been the winning party, it should be able to bring judicial review proceedings; however, (ii) the district judge's findings had not been irrational, perverse or unreasonable.
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