Private legal action explained

If we cannot take action on your behalf, or if you prefer to take action yourself you can consider the private legal action route (common law nuisance). The legal threshold is lower for a common law nuisance compared to that of a statutory nuisance and can often be a quicker root to resolution. For instance should the council substantiate a statutory nuisance exists, we serve an abatement notice and it isn’t complied with, we are looking at close to two-years from case starting to completion (most of this time is waiting on two court dates from the courts, typically takes four to six months wait for each appearance, and usually there are at least two).

Common law nuisance

A common law nuisance is typically one which, quite apart from statutory provisions, interferes with your use, enjoyment and rights concerning your property and violates the principles of Common Law laid down for your protection (i.e. a private nuisance). Taking out a civil action can be expensive, so it is highly advisable to seek the advice of a solicitor, or the Citizen’s Advice Bureau before going ahead.

A solicitor will also be able to provide advice on whether you will be likely to meet the means and merits tests which apply to applications for full civil legal aid. Please note the Council are unable to make recommendations of any solicitor firms that may be able to assist you. 

Further information

• A guide to taking your own action
• Statutory nuisance statistics