Nuisance cases take place both in the civil courts (High Court or County Court) and in the Magistrates’ Courts (where they are treated as criminal proceedings). Prior to issuing proceedings, we do our best to guide clients as to the most appropriate route for their claim.

Civil nuisance claims

One starts a civil claim by sending a “pre-action protocol letter” to the proposed defendant. This letter gives notice of your intention to issue a claim and gives the defendant the opportunity to respond before commencing proceedings. Sometimes this may result in an admission by your opponent and an agreement to take certain steps to deal with the nuisance (thus avoiding the need to issue legal proceedings altogether).

If your opponent responds unhelpfully or not at all, you can proceed to issue a claim in either the County Court or the High Court (which court depends on factors such as the complexity and value of your claim). This involves filing a claim form and Particulars of Claim (which set out in brief your legal arguments and also the remedy you want the court to grant). Once these have been sent (‘served’) on the defendant, the defendant then has the chance to respond with a defence of their position. The court then usually lists a case/costs management hearing where a timetable for disclosure of evidence (e.g. documents, witness statements and any additional expert reports that may be needed) for the trial, along with costs budgets, are agreed or determined by the Court.

A trial will normally be listed within 6-18 months of issuing the claim. It can last anywhere from a day or two to several weeks. At the trial the judge will hear evidence from both sides, including from any witnesses. Each side’s barrister will cross-examine the other side’s witnesses. The judge may also decide to carry out a site visit if appropriate.

Following the trial, the judge will give his or her decision, usually in writing. He or she will say whether there is a nuisance, when it started and whether you should be granted a remedy. If your claim is successful, then there is normally some negotiation over the level of costs payable by the defendant. If your claim is dismissed you may have the opportunity to appeal to the Court of Appeal.

Statutory nuisance claims

A claim in statutory nuisance is a private criminal prosecution brought under s.82 of the Environmental Protection Act 1990.

Prior to starting a statutory nuisance claim in the Magistrates’ Court, you must give notice in writing to the perpetrator of the alleged nuisance requiring that it be abated within 21 days (3 days in the case of noise nuisance) – this is often referred to as a “section 82 letter”. If the nuisance continues, you can make an application for a summons to the local Magistrates Court, who in turn will issue a summons to the person responsible for the nuisance.

After that, there is a similar series of steps involved in preparation for the court hearing as in a civil nuisance claim (including a case management hearing, disclosure, witness statements, expert evidence etc).

If you are successful in establishing the existence of a statutory nuisance, the Court has power to order that the nuisance is abated and may in some cases order the payment of compensation. If the nuisance is not abated, this is a criminal offence.

The Magistrates’ Court procedure is supposed to be quick (hence the 3-day notice period for noise nuisance). In practice delays can occur, but if these are prejudicial there is scope for asking the court to expedite the process.

In both types of nuisance claim, it is always worth considering whether there may be an opportunity to come to a negotiated settlement with the persons responsible for the nuisance, thus avoiding the time and cost of court proceedings altogether.