The WLR Daily case summaries
[2024] WLR(D) 439
King’s Bench Division
Ferko v Ealing Magistrates’ Court and others
[2024] EWHC 2592 (Admin)
2024 March 13; Oct 14
Sweeting J
Crime— Practice— Submission of no case to answer— Tenant bringing private prosecution against legal owners of property and property management company for statutory nuisance in respect of damp and mould at property— Magistrates’ court allowing legal owners’ submission of no case to answer without giving further reasons in judgment given in court— Magistrates allowing similar application by property management company with reasons given— Magistrates providing additional reasoning after trial— Extent of reasons to be given when finding no case to answer— Whether lawful to give additional reasonings after judgment delivered—
Crim PR
r 24.3(3)(d)
Public health— Statutory nuisance— Causation— Tenant bringing private prosecution against legal owners of property and property management company for statutory nuisance in respect of damp and mould at property— Magistrates’ court finding no case to answer— Whether applying incorrect test of causation in respect of statutory nuisance— Whether necessary to prove structural disrepair to establish statutory nuisance—
Environmental Protection Act 1990 (c 43), ss 79, 82