Friday 8 October 2010

Ok I Snapped

And phoned the Magistrates Court this morning. Obviously there was no response but I've left a message.

The problem I wished to draw to their attention is in the wording of the summons. It reads;

Between "4/3/2010 and 10/6/2010 [Presentation Housing Association] has been responsible for a statutory nuisance under section 79(1)(g) under the Environmental Protection Act 1990, namely noise emanating from the following premises...."

It should read;

Between "1/1/2007 and 10/6/2010 [Presentation Housing Association] has been responsible for a statutory nuisance under sections 79(1)(g&h) of the Environmental Protection Act 1990, namely noise and other acts that cause inconvenience or damage to the public in the exercise in rights common to all emanating from the following premises..."

Although it doesn't sound like much this is an important mistake and it indicates the that Magistrates Court doesn't know that the common law definition of nuisance has been codified into statute by various Criminal Law and Criminal Justice Acts over the years. Alternatively they were hoping that I didn't know. Either way my billable hours have just shot up.

In other news Liu Xiaobo has been awarded the Nobel Peace Prize. He was nominated for his role of the Charter 8 petition which called on the Chinese government to recognise Universal Rights, that is rights afforded to every individual by birth. This runs completely contrary to Chinese governments principle that the individual only exists as part of the collective and therefore the rights of the individual are secondary to the wishes of the majority. For this Liu Xiaobo is currently serving an 11 year sentence in a Chinese prison. As Universal Rights are the fundamental difference between the USA and China the award is seen as a pro-American choice.

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