Taking Your Own Legal Action
How to take a private legal action for noise nuisance to a magistrates' court
In some instances it may be difficult for the Council to take action against a noise nuisance i.e. if a noise nuisance occurs in short bursts making it difficult for the Environmental Enforcement Team to witness and assess, in these instances you may feel that taking your own legal action is the next step to take. If you decide to go ahead with an action, make sure you keep a noise diary and make sure you keep it up to date. Keep copies of any letters you write or receive in date order and make notes of any conversations.
Legal representation
You do not need to be represented in court by the legal profession. If you do decide to get legal representation, you will have to pay for it as Legal Aid is not available for these actions. Local Neighbourhood Law Centres may offer personal assistance.
Getting Started
- You must advise the noise maker of your intention to go to Court, giving at least 3 days notice for a noise case. The court will ask if you have done this.
- Contact the magistrates court. Within the borough of Southwark this is usually
 Camberwell Green Magistrates Court (0845 601 3600).
- Go in person to the Court before 10am Monday-Friday. The uniformed attendant will direct you to the Scheduling Department where you will find a court officer dealing with the day’s applications.
Making an Application
- Tell the court officer you wish to take action under the provision of Section 82, Environmental Protection Act 1990. You don't have to fill in any forms and you do not need any identification documents. There is a small fee of around £7.00 to pay.
- The court officer will take notes about your case. Use your noise diary to describe the problems you've had. You will also need to give the name and address of the person responsible for the noise problems. You do not need any witnesses, but if you have, it may help your case.
- You will be shown to a courtroom and asked to wait outside until your application is heard. It's unusual to have to wait more than an hour. An usher will show you in to the courtroom which will be empty apart from a few staff. The magistrate will ask you to give a brief account of the problem. If he or she is satisfied with the grounds of your complaint, a summons will be issued against the person(s) accused of making the disturbance.
What Next?
- The court serves the summons by recorded delivery or by personal service. The court will also advise you of a date to return to court – usually about 6 weeks. You must return to court on this day. Find out which court room to go to by checking the lists in the reception area or ask the attendant for help.
- If the person accused of making the noise nuisance admits causing the nuisance, the court will hear the case on that day and you may not have to make any statement in support of your claim. If the accused doesn't attend and makes no plea by post, the case is usually heard in their absence.
- Organise your evidence so that you can show the court how you and your household are affected by the noise, how frequently, for how long and at what times. Have your diaries copied to give to the court.
- The magistrate will ask you questions about the disturbances. The accused may also ask you questions, and you will have the opportunity to ask him/her questions about their evidence.
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Likely Outcomes
If the court is satisfied that you have proved your case, they will issue an 'Abatement Order'. This order requires the accused to make sure that the noise does not occur again. If the accused has had an order served on them before, the court may also impose a fine of up to £5,000, although smaller sums are more usual. A copy of the Abatement Order served on the accused will be given to you for your information.
Paying Costs
You may ask for reasonable costs to be paid for bringing your case to Court. Any claim must be made before the hearing and any award is at the discretion of the Magistrate. If you are unsuccessful in your action, the other party could be awarded costs that they incurred in defending the action.
If the problem continues..
Return to the same court (before 10am) as soon as possible and apply for a “summons for failure to comply with the court order”. There is no need to notify the person causing the noise.
Further Assistance
If you require assistance on court proceedings, the Clerk of the Court may advise you in person on a weekday afternoon, usually after the courts have finished proceedings.
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How to contact us
Environmental Enforcement Team
Chaplin Centre,
Thurlow St,
London
SE17 2DG
Tel: 020 7525 5777 (24 hours)
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