R. (oao Ball) v. Hinckley & Bosworth Council

[2025] 1 All ER 1025, [2025] Env LR 5 (Court of Appeal)

In this significant Statutory Nuisance case, the Court of Appeal held that a power to vary an abatement notice could not be read into Part III, Environmental Protection Act.  The contrary comments to that effect in Ex p. Everett (which allows for the withdrawal of an abatement notice) are incorrect.  The inconsistency between the power of withdrawal, and the lack of a power to vary,  makes it appropriate for the Supreme Court to consider the issues.