Enforcement Notice in UK Law

Leading Cases
  • Miller-Mead v Minister of Housing and Local Government
    • Court of Appeal
    • 12 Diciembre 1962

    The notice is invalid: it is not a nullity because on the face of it it appears to be good and it is only on proof of facts alinudo that the notice is shown to be bad: the notice is ivalid and, therefore, it may be quashed. But supposing the notice on the fact of it fails to specify some period required by sub-section ( 2) or (3). On the fact of it the notice does not comply with the section; it is a nullity and is so much waste paper.

  • Fiona Wingrove v Stratford-on-Avon District Council
    • Queen's Bench Division (Administrative Court)
    • 12 Febrero 2015

    The legislative history of section 70C demonstrates that Parliament's intention was to provide a tool to local planning authorities to prevent retrospective planning applications being used to delay enforcement action being taken against a development. Since delay is the bugbear against which the section is directed, a claimant's actual motives to use a retrospective planning application to delay matters is clearly a consideration in favour of a decision to invoke section 70C.

  • Park Estate (Bridlington) Ltd v East Riding County Council
    • House of Lords
    • 08 Junio 1956

    It was in the first place contended that the Act was highly technical and as it encroached on private rights the Court must insist on strict and rigid adherence to formalities. This, as a general proposition, commands assent, and not the less because disregard of an enforcement notice is an offence involving sufficiently serious penal consequences.

  • Fidler v First Secretary of State and Another
    • Court of Appeal (Civil Division)
    • 12 Octubre 2004

    He introduced the pre-condition that the activity must have been one which the particular enforcement notice could have required to cease. It is not enough that it could have been the subject of enforcement action under a differently drafted notice. As Schiemann LJ observed, an enforcement notice cannot require an activity to cease, unless it is part of the breach of planning control identified by the notice itself.

  • R v Wicks
    • House of Lords
    • 21 Mayo 1997

    The question must depend entirely upon the construction of the statute under which the prosecution is brought. The statute may require the prosecution to prove that the act in question is not open to challenge on any ground available in public law, or it may be a defence to show that it is. In such a case, the justices will have to rule upon the validity of the act. In such a case, nothing but the formal validity of the act will be relevant to an issue before the justices.

  • South Buckinghamshire DC v Porter (No 1)
    • House of Lords
    • 22 Mayo 2003

    Where it appears that a breach or apprehended breach will continue or occur unless and until effectively restrained by the law and that nothing short of an injunction will provide effective restraint ( City of London Corporation v Bovis Construction Ltd [1992] 3 All ER 697, 714), that will point strongly towards the grant of an injunction. But in all cases the court must decide whether in all the circumstances it is just to grant the relief sought against the particular defendant.

  • Secretary of State for The Environment and Another v Thurrock BC
    • Court of Appeal (Civil Division)
    • 27 Febrero 2002

    I accept Mr Corner's point that an enforcement notice can lawfully be issued notwithstanding that at the moment of issue the activity objected to is not going on—because it is the week-end or the factory's summer holiday, for instance. The land would still be properly described as being used for the objectionable activity. I accept that there will be borderline cases when it is not clear whether the land is being used for the objectionable activity.

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  • Data Protection Act 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ...... processing of personal data by competent authorities for law enforcement purposes and implements the Law Enforcement Directive. . (5) Part 4 ... (b) (b) comply with the request, and . (c) (c) by notice in writing inform the data subject of— . (i) the steps taken to comply ......
  • The Environmental Permitting (England and Wales) Regulations 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ...... of the powers conferred by section 62 of the Regulatory Enforcement and Sanctions Act 2008 (“the 2008 Act”) 4 . . These Regulations make ... “enforcement notice” means a notice served under regulation 36; . “enforcement ......
  • Digital Economy Act 2017
    • UK Non-devolved
    • 1 de Enero de 2017
    .......(6) Any such restrictions and conditions are to be contained in a notice in writing given to the person registered under this section.(7) In this ... and, if it is not paid, is recoverable by them accordingly.Enforcement53E. Notification of contravention of registration restrictions or ......
  • Caravan Sites and Control of Development Act 1960
    • UK Non-devolved
    • 1 de Enero de 1960
    ...... and operate caravan sites, to amend the law relating to enforcement notices and certain other notices issued under Part III of the Town and ......
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Books & Journal Articles
  • Fighting the file-sharing war through notice-and-takedown regimes: Plunging a sword of copyright through the heart of freedom of expression on the Internet
    • Núm. 2-2, Julio 2012
    • Southampton Student Law Review
    • Thomas Southey Capel
    • 51-75
    The evolution of the Internet and technology that facilitates copying and sharing of copyright material has presented challenges to copyright holders. This paper looks at the use of notice-and-take...
    ......This paper looks at the use of notice-and-takedown regimes as a method of copyright enforcement against file-sharing technologies. The topic is characterised as one of conflicting interests, between the right holders’ economic interests in ......
  • Objection to terms of FSA decision notice heard by Financial Services and Markets Tribunal
    • Núm. 16-1, Febrero 2008
    • Journal of Financial Regulation and Compliance
    • 116-119
    Purpose: The purpose of this paper is to outline the objections to terms of FSA decision notice heard by the Financial Services and Markets Tribunal. Design/methodology/approach: The paper outline...
    ...... who haveworked in head of compliance and other senior management functions within firms which aresubsequently subject to discipline and enforcement for breaches of FSA rules and principles in relationto corporate governance, systems and controls and other serious compliance ......
  • A Public Law Issue?
    • Núm. 53-6, Noviembre 1990
    • The Modern Law Review
    ...... the Environment & Another,6 Hackney LBC had served an enforcement notice in 1982 alleging that premises were being used as a ......
  • Criminalising the Computer
    • Núm. 50-1, Febrero 1986
    • Journal of Criminal Law, The
    ...... and to concentrate in rather greater detail upon the enforcement mechanism of the Act, a subject which will be of particular ... where there has been a previous refusal or deregistration notice'") but this can be extended if he considers that more time is ......
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Law Firm Commentaries
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