Jurisdiction(s):
United Kingdom

Deemed service under Environmental Protection Act 1990 s 160 is permissive: s 82 notices need not be addressed to secretary or clerk; receipt suffices—Allen v Ealing LBC

Published on: 23 April 2021

Published by a LexisNexis Local Government expert

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Allen v Ealing London Borough Council [2021] EWHC 948 (Admin) What are the practical implications of this case?

This judgment brings long-awaited clarity to a point that has caused uncertainty for some thirty years, because no appellate court had previously ruled squarely upon it. A series of earlier cases—Hewlings v McLean Homes East Anglia Ltd [2001] 2 All ER 281; Hall v Kingston upon Hull City Council; Ireland v Birmingham City Council; Baker v Birmingham City Council [1999] 2 All ER 609; Leeds v Islington London Borough [1998] Lexis Citation 2551—considered comparable questions and made obiter comments, yet the central issue persisted unresolved. The outcome is welcomed by those affected by statutory nuisances, as it confirms Parliament’s intention that the procedure for obtaining abatement should be easy for lay persons to use and understand in practice and in procedure. The ruling may likewise have broader significance for service provisions framed in similar language within other statutes (see paras [1] and [40] of the judgment). In short, the court has resolved the outstanding doubt comprehensively, endorsed accessibility for non-lawyers and lay users alike, and indicated potential application beyond the immediate context too. Also, What was the...

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