Court of Appeal hears appeal by council over requirement to redetermine complaint by resident over neighbour’s cats

In December 2025 His Honour Judge Jarman KC, sitting as a judge of the High Court, concluded that Caerphilly County Borough Council’s decision could not stand.

The claimant/respondent had formally complained to Caerphilly in October 2024, saying that he woke "with dread each day wondering if there is yet more cat mess for me to have to clean up".

The local authority subsequently determined that the matters complained of did not amount to a statutory nuisance within the meaning of section 79 of the Environmental Protection Act 1990. An officer suggested that the claimant should consider civil action.

However, HHJ Jarman KC found that the claimant’s main ground – that the council approached his complaint by considering the manner in which the cats were kept and/or the right at common law for cats to roam rather than whether there was a statutory nuisance because the fouling amounted to deposits prejudicial to health – was made out.

Lord Justice Males, Lord Justice Nugee and Lord Justice Miles are hearing Caerphilly’s appeal today (20 October), with the case livestreamed.