PUBLIC NUISANCE
Lots of us have problems with noise from neighbours or run businesses which might potentially cause a nuisance to other shops or offices around our own. The highest court in the land, the House of Lords, at the end of October looked at the offence of "public nuisance" which is a crime. In business in most cases a specific offence rather than this general one is more likely to be committed such as breach of health and safety law and the like.
Anthony Heath a partner and head of our Commercial Litigation Department says:
"In this case two cases were heard together - R v Rimmington and R v Goldstein. Mr Rimmington had been charged with public nuisance for sending 538 separate postal packages containing racially offensive material to a number of individuals, in retaliation for a racially motivated attack upon him by a black man. Mr Rimmington challenged the indictment on the grounds that the offence was too imprecisely defined and that the way the courts construe the offence is too uncertain and so does not comply with common law or the European Convention on Human Rights.
Mr Goldstein had sent a cheque to an old friend and business associate to whom he owed money. He had poured some salt in the envelope, as a jocular reference to the fact the debt was so old. Both the men were Jewish and salt is used to preserve Kosher food. It was a joke which they both understood, but at the sorting office some of the salt spilt out of the envelope onto the hands of a postal worker who thought it might be anthrax. He raised the alarm and the 110 people working in the office were evacuated. 35,000 businesses failed to get their second post. Mr Goldstein was convicted of public nuisance and appealed. He said he did not have the necessary mental intention to commit the crime. His conviction was overturned by the House of Lords which took a pragmatic approach to this."
If you need any advice on public or private nuisance legislation or case law call Anthony Heath on 0117 9290451 or email aheath@metcalfes.co.uk
This press release summarises the law on issues which we believe may be of interest to your business. It is not a comprehensive review of the subjects and accordingly is published without responsibility for loss occasioned to any person(s) acting or refraining from action as a result of information published