London Borough of Hackney, R (on the application of) v Rottenberg

London Borough of Hackney, R (on the application of) v Rottenberg

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. The determination of nuisance is a matter for the court's judgment, not for expert witnesses, and the court was not required to accept the officers' opinions. There was no error of law in the Crown Court's approach.

Parties
Claimant: London Borough of Hackney; Defendant: Moshe Rottenberg
Jurisdiction
England and Wales
Judgment Date
24 January 2007
Procedural Posture
Appeal by Case Stated (administrative) / High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Statutory Nuisance, Noise Abatement, Expert Evidence, Article 9 ECHR, Reasonable Excuse
Environmental Law Criminal Law Human Rights Statutory Nuisance Noise Abatement Expert Evidence Article 9 ECHR Reasonable Excuse

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Parties

London Borough of Hackney

Claimant

Moshe Rottenberg

Defendant

Procedural Posture

Appeal by Case Stated (administrative) / High Court Judgment

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) barred criminal proceedings for 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. The determination of nuisance is a matter for the court's judgment, not for expert witnesses, and the court was not required to accept the officers' opinions. There was no error of law in the Crown Court's approach.

Court Disposition

Appeal dismissed

Orders

  • Costs awarded to the defendant (Moshe Rottenberg) in a reduced, summarily assessed amount, payable within 28 days.