London Borough of Hackney, R (on the application of) v Rottenberg [2007] EWHC 166 (Admin) (24 January 2007)

London Borough of Hackney, R (on the application of) v Rottenberg [2007] EWHC 166 (Admin) (24 January 2007)

The Crown Court was entitled to reject the opinion of the environmental health officers and to conclude, on the totality of the evidence, that the noise did not amount to a statutory nuisance to the criminal standard. The assessment of nuisance is a matter for the court's own judgment, not determinable solely by expert evidence.

Citation
[2007] EWHC 166 (Admin)
Parties
Claimant: London Borough of Hackney; Defendant: Moshe Rottenberg
Jurisdiction
England and Wales
Judgment Date
24 January 2007
Procedural Posture
Appeal by Case Stated / High Court (administrative Court) Judgment on Appeal From Crown Court
Outcome
Appeal dismissed
Legal Topics
Statutory Nuisance, Noise Abatement, Expert Evidence, Article 9 ECHR, Reasonable Excuse, Costs Assessment
Environmental Law Criminal Law Human Rights Statutory Nuisance Noise Abatement Expert Evidence Article 9 ECHR Reasonable Excuse +1 more

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Parties

London Borough of Hackney

Claimant

Moshe Rottenberg

Defendant

Procedural Posture

Appeal by Case Stated / High Court (administrative Court) Judgment on Appeal From Crown Court

Legal Issues

  1. 1 Whether the Crown Court was entitled to reject the opinion of environmental health officers that noise constituted a statutory nuisance
  2. 2 Whether Article 9 ECHR (freedom of religion) or reasonable excuse provided a defence to breach of abatement notice

Ratio Decidendi

The Crown Court was entitled to reject the opinion of the environmental health officers and to conclude, on the totality of the evidence, that the noise did not amount to a statutory nuisance to the criminal standard. The assessment of nuisance is a matter for the court's own judgment, not determinable solely by expert evidence.

Court Disposition

Appeal dismissed

Orders

  • Costs awarded to the defendant (Moshe Rottenberg) against the claimant (London Borough of Hackney), to be paid within 28 days, subject to summary assessment as specified in the judgment.