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Private and Civil Action
Everyone has the right to take their own private legal action in the Magistrate’s Court. Some people consider this if the Council are unable to substantiate the complaint. A solicitor is not required to take this action although it is recommended. Legal aid is not normally available in this situation. Advice can be given if you want to take your own action, but the general guide is:
- You must inform the person in writing that you intend to take action in the Magistrate’s Court. This must be done at least three days before you make the complaint. Keep a copy of the letter as it helps demonstrate to the court that you have acted reasonably by giving the person a chance to stop the noise.
- You will then need to contact the Clerk of the Court at Stevenage Magistrate’s Court to tell them that you wish to make a complaint under Section 82 of the Environmental Protection Act 1990. The procedure will be explained to you and you will be asked to present evidence of the nuisance. Tell the Clerk if the Council have investigated the matter at all, and what the outcome was.
- A summons will then be issued to the person causing the noise, advising them of the court hearing. It is likely they will attend court to defend themselves and may even make counter accusations.
- If the Magistrates decide in your favour they will issue an order to the defendant. It will require them to stop the nuisance and a fine may also be imposed. You may then be awarded reasonable costs against the defendant.
Civil Action
Another alternative is to take civil action to obtain an injunction to restrain the defendant from continuing the nuisance and to seek damages. It can be very expensive to take civil action so you should seek the advice of a solicitor before going ahead. You will have to successfully demonstrate that the noise causes particular or special loss over an above ordinary inconvenience suffered by the public at large, or that you have an interest in land affected by the noise. The court will deliberate as to whether the noise is sufficiently serious to constitute a nuisance. They will take into account matters such as the neighbourhood and the time when the noise occurs. Each case is decided on its own merit.
