Westminster City Council v McDonald, Court of Appeal - Administrative Court, October 28, 2003, [2003] EWHC 2698 (Admin)

Reporting Judge: [2003] EWHC 2698 (Admin)

President: Westminster City Council v McDonald

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Westminster City Council v McDonald, Court of Appeal - Administrative Court, October 28, 2003, [2003] EWHC 2698 (Admin)

SMITH BERNAL WORDWAVE

CO/3296/2003

Neutral Citation Number: [2003] EWHC 2698 (Admin)

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

DIVISIONAL COURT

Royal Courts of Justice

Strand

London WC2

Tuesday, 28th October 2003

B E F O R E:

LORD JUSTICE KENNEDY

MR JUSTICE ROYCE

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WESTMINSTER CITY COUNCIL

Appellant

-v-

PRIAN BRUNO MCDONALD

Respondent

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MR M SEYMOUR (instructed by Westminster Council, London SW1E 6QP) appeared on behalf of the Appellant

MR E RISSO-GILL (instructed by Messrs Janes Solicitors, London W1S 4LJ) appeared on behalf of the Respondent

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J U D G M E N T

1. LORD JUSTICE KENNEDY: Mr Justice Royce will give the first judgment.

2. MR JUSTICE ROYCE: This is an appeal by way of case stated against the decision of District Judge Keating at Horseferry Road Magistrates' Court on 29th August 2002, dismissing an information laid by the appellant against the respondent alleging breach of an abatement notice, contrary to section 80(4) and (5) of the Environmental Protection Act 1990. At the end of the prosecution case the District Judge of her own motion considered whether ther...

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