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High Court Finds Motor Cross Activities Both a Statutory and a Public Nuisance

Gregory Jones QC

East Dorset District Council -v- Matchams Motorcross World Ltd and Hoare

Sir John Blofeld sitting in the high court granted East Dorset District Council an interim injunction against Matchams Motorcross World Ltd and its director, restricting the levels of motor racing operations at Matchams Park raceway situated a distance outside Bournemouth. The order restricts the number of days and hours at which events and practising may take place.

The District Council sought injunctive relief under both s.81 of the Environmental Protection Act 1990 (statutory nuisance) and under s.222 of the Local Government Act 1972 claiming that the nuisance affected a sufficient number of local inhabitants so as to amount to a public nuisance. After a three day hearing the court agreed. It also ordering the defendants to pay the costs of the interim hearing. The judgment also dealt with the implication of the House of Lords decision in Rimmington and the Court of Appeal's judgment in Barnes.

Gregory Jones (instructed by Sharpe Pritchard) appeared for the District Council.

For further details contact gregory.jones@ftb.eu.com

Note

Gregory Jones is the co-author along with Robert McCracken and James Pereira of the leading text book Statutory Nuisance. They are currently working on a second edition. Those interested in seminars on the subject or pre-ordering copies should contact clerks@2hb.law.co.uk.