Statutory Nuisance

Paul is representing a Local Authority being sued by a Limited Company for disability discrimination in connection with the service of a Notice to Abate a Statutory Nuisance under Section 80 of the Environmental Protection Act 1990 in respect of premises occupied by an individual with severe disabilities.

The claim alleges ‘discrimination by association’ (see for example EAD Solicitors v Abrams (2015)) and is believed to be the first attempt to seek a declaration quashing a Notice. The Claim is listed for hearing later this year.