Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Abatement definition

What does Abatement mean? Abatement, in probate practice, is the reduction or extinction of gifts under a will or intestacy because the estate is insufficient, after funeral, testamentary and administration expenses, debts and taxes have been paid. Beneficiaries (legatees or devisees) receive only part of, or none of, their entitlement. It is a descriptive common law/equity doctrine across England & Wales and Northern Ireland, developed in case law and affected by statute; it is recognised in Ireland under the Succession Act 1965; and a similar concept applies in Scotland, subject to the spouse/civil partner’s prior rights and the legal rights of spouse/civil partner and children. The...

Challenging Statutory Nuisance Abatement Notices: Service, Grounds of Appeal, Evidence, BPM, Magistrates’ Court Powers, Costs and Onward Appeals (England and Wales)

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Practice notes

Statutory nuisance leading to Abatement notice

A Local authority is required to periodically examine its district for statutory nuisances, and when a resident submits a complaint, it must take all reasonably practicable steps to investigate it. A statutory nuisance may arise where any of the following are, or are likely to be, prejudicial to health or a nuisance:

the condition or physical state of premises
smoke, fumes or gas released from premises, a vehicle, machinery or equipment in a street
dust, steam or odours originating from business, industrial or trade premises
refuse, or any accumulation or deposited material
noise arising from any premises, vehicle, machinery or equipment in the street

For further detail on the above, see Practice Note: Statutory nuisance.

A statutory nuisance can also be abated, limited or prevented by a nuisance order made by the magistrates’ court, following proceedings brought by an aggrieved person. This sits outside the scope of this Practice Note; for that, see Practice Note: Statutory nuisance...

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Jeremy Phillips , KC

FTB Chambers

As a leading barrister and former solicitor/partner in two international law firms, Jeremy represents companies, as well as government departments, councils, police forces and residents' groups across a unique range of associated legal disciplines.His strategic and organisational skills in planning / highways, regulation, licensing and mediation derive from working for many years at the highest levels in both professions.Qualified as solicitor in London in 1980. Partner Cartwrights (1982). Co-founder Holt Phillips (1984).Equity partner Eversheds (following merger with Holt Phillips) (1994). Partner Osborne Clarke (2001) on consolidation of Eversheds' South West practices in Cardiff. Leader of national teams in both firms. Called to the Bar in 2004. Chambers of Andrew Tait QC, Francis Taylor Building ('FTB'), Inner Temple (2006 - date). Accredited mediator - CEDR (2008). Bar Council accredited to accept Public (direct) Access work (2010 - date). Member of the Bar Council (2014 - 2015)...

Charles Forrest

FTB Chambers

Charles is a barrister at Francis Taylor Building (FTB) Chambers. His areas of practice include Planning and Environment; Public and Local Government including judicial review; Rights of Way, Highways and Traffic; Infrastructure; Compulsory Purchase and Compensation; Regulatory/Criminal; Protests, Injunctions, and Committal; Licensing, Police, and Anti-social Behaviour; Rating and Council Tax; Tort and Land (often with a planning dimension) He is regularly instructed by local authorities and other public bodies, large and small developers, action groups and similar, and individuals. He has appeared as sole counsel before the High Court, planning inquiries, enforcement inquiries, traffic inquiries, DCO issue specific hearings, the Valuation Tribunal, Crown Court, County Court, Magistrates’ Court, and Council sub-committees. ...

Web page updated on 21/05/2026

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