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Deemed service provisions in section 160 of the Environmental Protection Act 1990 and other similarly worded statutes (Allen v London Borough of Ealing)

Published on: 23 April 2021
Published by: LexisPSL
  • Deemed service provisions in section 160 of the Environmental Protection Act 1990 and other similarly worded statutes (Allen v London Borough of Ealing)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
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Article summary

Local Government analysis: The High Court has held that a notice under section 82 of the Environmental Protection Act 1990 (EPA 1990) served by a person aggrieved by a statutory nuisance need not be addressed to the ‘secretary or clerk’ of a body corporate in order for the deemed service provisions in EPA 1990, s 160 to apply as the provisions are permissive rather than mandatory. The court also held that notwithstanding the deemed service provisions in EPA 1990, s 160, as the aggrieved person was able to prove that the notice had been received at the offices of the body corporate and signed for by a person about whom it was reasonable to infer had authority to receive post, then service had been validly effected. Written by Andrew Locke, barrister at Nexus, Chambers of Michael Mansfield QC. or take a trial to read the full analysis.

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