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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9882
Experience:  I have been practising for 30 years.
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Does a complaint appealing against a notice under section 80

Customer Question

Does a complaint appealing against a notice under section 80 of the Environmental Protevtion Act 1990 which is made to the magistrates court need to be under oath witnesses by a justice's clerk or can it be witnesses by a solicitor?
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Is this Judge to lodge the appeal?

Customer: replied 1 year ago.
No the person served with the noise abatement notice has to lodge the appeal at the magistrates court by way of complaint against it within 21 days of being served
Expert:  Jamie-Law replied 1 year ago.

OK - you it can be witnessed by Solicitor as well, or the JC.

It can be done either way.
Does that clarify?

Expert:  Jamie-Law replied 1 year ago.

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Customer: replied 1 year ago.
Sorry that isn't correct as I have now found out at the courts. It has to be by a JP/Justices' clerk on this particular matterThanks
Expert:  F E Smith replied 1 year ago.

Just to advise you, that I would have agreed with my colleague on this matter that any document sworn on oath can be witnessed by a court officer, or a solicitor.

If the court are telling you something else, that is up to them if that is the procedure they follow .

Best wishes.