The recent sentencing of climate protestors – Six Pump Court

‘On 18th July 2024, attentions were drawn to the sentences received by five Just Stop Oil activists, including its co-founder, Roger Hallam, for the offence of conspiracy to intentionally cause a public nuisance, namely by disrupting traffic on the M25.[1] Mr Hallam received a sentence of five years and the others received sentences of four years. Many viewed the sentences as excessive and repressive considering that the protests were peaceful,[2] despite causing large-scale disruption with significant economic consequences.’

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Six Pump Court, 9th August 2024

Source: 6pumpcourt.co.uk

High Court judge criticises council over handling of contempt proceedings in dispute over riverboats – Local Government Lawyer

Posted August 30th, 2024 in injunctions, local government, news, nuisance, trespass by sally

‘The London Borough of Richmond has lost a case over mooring on the River Thames in which a judge had earlier “excoriated” another judge’s order.’

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Local Government Lawyer, 29th August 2024

Source: www.localgovernmentlawyer.co.uk

Police officers used ‘unnecessary force’ on woman – BBC News

Posted August 19th, 2024 in human rights, mental health, news, nuisance, police, professional conduct, restraint, women by tracey

‘Two police officers committed gross misconduct by using “unnecessary force” on a vulnerable woman in Bristol, a panel has found.’

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BBC News, 17th August 2024

Source: www.bbc.co.uk

Disrepair claims in the County Court – Becket Chambers

‘A landlord owes certain duties to maintain the repair of a property that they have leased to a tenant. If a leased property falls into disrepair, the tenant may be able to claim against the landlord for damages. The tenant may also be able to counterclaim for disrepair where the landlord has brought a claim for property possession against the tenant. Where possession is being sought under the grounds of rent arrears, the tenant can assert that the Claimant landowner is not entitled to the full amount of rent owed.’

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Becket Chambers, 22nd July 2024

Source: becket-chambers.co.uk

Opening the Sewer-Gates: An Exploration of the Supreme Court’s Decision in Manchester Ship Canal Company Ltd v United Utilities Water Ltd (No. 2) [2024] UKSC 22 – Francis Taylor Building

Posted July 31st, 2024 in chambers articles, news, nuisance, sewerage, Supreme Court, waste, water by sally

‘Winston Churchill once remarked that “[for] my own part, I see little glory in an Empire which can rule the waves and is unable to flush its sewers”. Had he been alive today, he may have lamented that modern Britain now does neither.’

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Francis Taylor Building, 18th July 2024

Source: www.ftbchambers.co.uk

Alerter by Jack Castle – Manchester Ship Canal (No.2) and Group Litigation – Henderson Chambers

Posted July 31st, 2024 in chambers articles, news, nuisance, sewerage, Supreme Court, waste, water by sally

‘The Supreme Court in Manchester Ship Canal (No.2) [2024] UKSC 22 has decided that a riparian owner will have a right of action in private nuisance against a water company for discharge of foul water, without needing to show the water company’s negligence or deliberate misconduct. This is a substantial clarification of Marcic v Thames Water Utilities Ltd [2003] UKHL 66, which (it was thought) decided that such claims were barred against sewerage undertakers by the existence of the statutory scheme following privatisation. This decision may mark the beginning of group litigation against sewerage undertakers for discharging untreated sewage into rivers and canals.’

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Henderson Chambers, 12th July 2024

Source: www.hendersonchambers.co.uk

Case Summary (Property): The Manchester Ship Canal Company Ltd v United Utilities Water Ltd No 2 [2024] UKSC 22 – Lamb Chambers

Posted July 31st, 2024 in chambers articles, news, nuisance, sewerage, Supreme Court, waste, water by sally

‘Absent negligence or deliberate misconduct, can owners of watercourses or bodies of water bring actions for nuisance or trespass where water is polluted from statutory sewerage undertakers?’

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Lamb Chambers, July 2024

Source: www.lambchambers.co.uk

Just Stop Oil protesters jailed after M25 blocked – BBC News

‘Five environmental activists who organised protests that brought part of the M25 to a standstill over four days have been jailed.’

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BBC News, 18th July 2024

Source: www.bbc.co.uk

What restrictions are placed on defendants in climate protest trials? – The Guardian

‘The chaotic scenes inside and outside court at the trial of five people accused of conspiring to block traffic on the M25 in 2022 have highlighted restrictions placed on defendants in a number of climate protest trials that people are seeking to challenge, but risk falling foul of the law as they seek to do so. Here the Guardian explains the basis of the restrictions and why they are so contentious.’

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The Guardian, 11th July 2024

Source: www.theguardian.com

Just Stop Oil activists found guilty of conspiring to block M25 traffic – The Guardian

‘Five environmental activists are facing long sentences after they were found guilty of conspiring to block traffic on the M25, after a trial in which the defendants were arrested various times for defying the court.’

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The Guardian, 11th July 2024

Source: www.theguardian.com

Lake District sewage campaigners launch nuisance complaint in legal first – The Guardian

‘Campaigners fighting to stop sewage discharges into Windermere, the Lake District’s largest lake, have made a statutory nuisance complaint against a water company in the first legal action of its kind.’

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The Guardian, 26th June 2024

Source: www.theguardian.com

Did you miss? Davies v Bridgend County Borough Council [2024] UKSC 15 – Gatehouse Chambers

‘The claim arose from the encroachment of Japanese knotweed from the appellant local authority’s (“LA”) land into the respondent’s garden. The respondent had purchased his property in 2004, after the encroachment of Japanese knotweed had begun. It was held that the LA could not be blamed for the encroachment at this time. An actionable tort of private nuisance however arose in 2013, when the local authority should have become aware of the risk of damage and loss of amenity to the respondent’s land as a result of information about Japanese knotweed which became publicly available at that time. The LA was held liable in private nuisance for having failed to prevent the encroachment between 2013 to 2018 when the LA implemented a reasonable and effective treatment programme.’

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Gatehouse Chambers, 28th May 2024

Source: gatehouselaw.co.uk

Council not liable for Japanese knotweed damage – OUT-LAW.com

Posted May 20th, 2024 in appeals, causation, damages, local government, news, nuisance, Supreme Court by tracey

‘A recent UK Supreme Court ruling clearly sets out the parameters of the law of private nuisance claims in the context of Japanese knotweed, clarifying the nature and extent of evidence needed to enable a claim to succeed, an expert has said.’

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OUT-LAW.com, 17th May 2024

Source: www.pinsentmasons.com

Ministers to amend Criminal Justice Bill in bid to address concerns over ‘nuisance rough sleeping’ provisions – Local Government Lawyer

Posted May 16th, 2024 in amendments, bills, criminal justice, homelessness, news, nuisance, repeals, vagrancy by sally

‘The Government has tabled amendments to the Criminal Justice Bill tightening the definition of ‘nuisance rough sleeping’ after MPs expressed concerns about the breadth of the legislation’s provisions.’

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Local Government Lawyer, 15th May 2024

Source: www.localgovernmentlawyer.co.uk

The statutory nuisance regime – Local Government Lawyer

‘Piers Riley-Smith analyses a Court of Appeal case concerning whether there was a legal power to vary an Abatement Notice issued under s.80 of the Environmental Protection Act 1990.’

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Local Government Lawyer, 8th May 2024

Source: www.localgovernmentlawyer.co.uk

Case Preview: Davies v Bridgend County Borough Council – UKSC Blog

Posted April 19th, 2024 in appeals, causation, damages, local government, news, nuisance, Supreme Court by sally

‘In this post, Sarah Coates-Madden, Senior Associate at CMS, and Fiona Dalling, Associate at CMS, preview the decision awaited from the Supreme Court in Davies v Bridgend County Borough Council.’

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UKSC Blog, 17th April 2024

Source: ukscblog.com

Extinction Rebellion co-founder avoids jail term for drone action near Heathrow – The Guardian

‘Extinction Rebellion and Just Stop Oil’s co-founder Roger Hallam has avoided imprisonment after attempting to bring disruption to Heathrow airport by getting involved in an action to fly toy drones in the vicinity.’

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The Guardian, 5th April 2024

Source: www.theguardian.com

Supreme Court to hear appeal by Welsh council next week in Japanese knotweed case – Local Government Lawyer

Posted February 21st, 2024 in appeals, damages, housing, local government, news, nuisance, Supreme Court, Wales by sally

‘The Supreme Court will next week hear a council’s appeal of a Court of Appeal judgment which overturned lower court rulings that found diminution in value in Japanese knotweed cases was irrecoverable economic loss and ordered the council to pay damages to a property owner.’

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Local Government Lawyer, 20th February 2024

Source: www.localgovernmentlawyer.co.uk

Mayor of London’s decision to reject plan for Las Vegas-style giant sphere to be reviewed – The Independent

Posted December 4th, 2023 in government departments, housing, local government, London, news, nuisance, planning by tracey

‘London Mayor Sadiq Khan‘s decision to reject planning permission for a huge Las Vegas-style entertainment venue is to be reviewed by ministers. The housing secretary Michael Gove has opted to use his powers to “call in” the rejection of the 21,000-capacity, 300ft-tall MSG sphere to decide whether it should stand.’

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The Independent, 3rd December 2023

Source: www.independent.co.uk

A knotty problem: Churchill v Merthyr Tydfil Council – Local Government Lawyer

‘The Court of Appeal has handed down its ruling in a test case on compulsory ADR. Elizabeth England analyses the judgment.’

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Local Government Lawyer, 29th November 2023

Source: www.localgovernmentlawyer.co.uk