Abstract
‘The procedures for prosecuting for failure to comply with an abatement notice under section 80(4) of the Environmental Protection Act 1990 (‘EPA 1990’), appealing against an abatement notice under section 80(3), or bringing summary proceedings under section 82(1), follow the usual procedural routes for such proceedings in magistrates’ courts.1 However, there are certain aspects in relation to statutory nuisance cases where particular problems and issues may arise. Notable amongst these are the evidential issues relating to the investigation of the nuisance and the use of expert technical and scientific evidence. The rules of advance disclosure can also frequently cause difficulties in practice.