Insulate Britain members disrupt trial by gluing hands to court furniture – The Guardian

‘Three members of Insulate Britain have disrupted a magistrates court trial, gluing their hands to court furniture and paying tribute to the environmental activist who died after setting himself on fire outside the US supreme court.’

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The Guardian, 26th April 2022

Source: www.theguardian.com

EPA prosecution costs – Nearly Legal

‘A judicial review of a Magistrates Court decision on costs in a section 82 Environmental Protection Act 1990 prosecution.’

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Nearly Legal, 18th April 2022

Source: nearlylegal.co.uk

Solicitors and expert’s “serious trangressions” see evidence thrown out – Legal Futures

Posted March 8th, 2022 in evidence, expert witnesses, news, noise, nuisance, pollution, solicitors by tracey

‘A High Court master has revoked permission for the claimants in a group action to rely on an expert’s evidence because of “serious transgressions” by him and the group’s solicitors.’

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Legal Futures, 8th March 2022

Source: www.legalfutures.co.uk

‘The present proceedings should never have been brought.’ ASB and disability discrimination. – Nearly Legal

‘Rosebery Housing Association Ltd v Williams & Anor (2021) EW Misc 22 (CC). Applications for injunctions under Part 1 of ASBCPA 2014 seem to be all the rage at moment, so it is refreshing to read the judgment in Rosebery Housing Association v Williams which was handed down by HHJ Luba QC late last year. The judgment provides a helpful list of what-not-to-do in situations where there are allegations of anti-social behaviour levelled at a disabled tenant, particularly where the tenant has made serious allegations of her own.’

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Nearly Legal, 16th January 2022

Source: nearlylegal.co.uk

Owners of flats near Tate Modern take privacy case to supreme court – The Guardian

Posted December 6th, 2021 in appeals, housing, news, nuisance, planning, privacy, Supreme Court by sally

‘On one side is Tate Modern. On the other are the owners of nearby luxury apartments objecting to what they regard as the prying eyes of visitors enjoying a viewing platform at Britain’s most visited gallery.’

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The Guardian, 6th December 2021

Source: www.theguardian.com

Is Your Video Doorbell Invading Your Neighbour’s Privacy? – Becket Chambers

Posted November 4th, 2021 in closed circuit television, data protection, harassment, news, nuisance by sally

‘In this article I consider the recent County Court judgment in Fairhurst v Woodard in respect of a claim in harassment, nuisance and breach of the Data Protection Act 2018 arising from the Defendant’s use of CCTV and a Ring doorbell.’

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Becket Chambers, 21st October 2021

Source: becket-chambers.co.uk

No case to answer: prosecution under s. 82 Environmental Protection Act 1990 dismissed – Local Government Lawyer

‘Sarah Salmon reports on how a social landlord successfully defended a private prosecution brought by an occupier of one of its properties under section 82 of the Environmental Protection Act 1990.’

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Local Government Lawyer, 1st October 2021

Source: www.localgovernmentlawyer.co.uk

Council fails in bid for final injunction prohibiting defendants from anti-social behaviour in any public space in borough – Local Government Lawyer

Posted September 27th, 2021 in coronavirus, demonstrations, injunctions, local government, London, news, nuisance by sally

‘A High Court judge has rejected an application by the London Borough of Hackney for a final injunction prohibiting a number of defendants until 13 September 2022 from engaging in various activities which were said to constitute anti-social behaviour and/or public nuisance in any public space in the borough.’

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Local Government Lawyer, 24th September 2021

Source: www.localgovernmentlawyer.co.uk

Judge issues protest warning as Paralympian jailed for plane stunt – The Guardian

‘A British Paralympic gold medallist has been jailed for a year for glueing himself to the roof of a passenger jet in an Extinction Rebellion protest – the first custodial sentence for any action linked to the group.’

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The Guardian, 24th September 2021

Source: www.theguardian.com

Ministers plan legal action to stop Insulate Britain disrupting motorways – The Guardian

‘Priti Patel and Grant Shapps are seeking a court injunction to stop environmental protesters from targeting major motorways after five days of tailbacks and damaging headlines for the government.’

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The Guardian, 21st September 2021

Source: www.theguardian.com

XR demands answers on how protests will be policed after Supreme Court defends disruptive demonstrations – The Independent

‘Extinction Rebellion has demanded to know how its upcoming demonstrations will be policed after the Supreme Court ruled that protest can be a “lawful excuse” to block roads under human rights law.’

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The Independent, 22nd August 2021

Source: www.independent.co.uk

Council bans ice cream van from street following chime complaints – Local Government Lawyer

Posted August 23rd, 2021 in codes of practice, food, licensing, local government, news, noise, nuisance by tracey

‘An ice-cream van operator has been banned from operating on an East Suffolk Council street over a complaint that one of its vehicles sounded its chimes for too long.’

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Local Government Lawyer, 20th August 2021

Source: www.localgovernmentlawyer.co.uk

Not so full and frank disclosure – Nearly Legal

Posted July 29th, 2021 in disclosure, housing, injunctions, landlord & tenant, mental health, news, nuisance by sally

‘The facts of the case followed an all too familiar format. There was a neighbour dispute between Mr Berry and two of his neighbours. Serious allegations were being made on both sides. Complaints had been made to Southern Housing Group Ltd and to the police. The police were investigating both Mr Berry and his neighbours in relation to threatening behaviour. There was evidence that both Mr Berry and his neighbour had mental health difficulties, which were being seriously exacerbated by the ongoing dispute.’

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Nearly Legal, 27th July 2021

Source: nearlylegal.co.uk

Extinction Rebellion: Paralympian James Brown guilty over plane stunt – BBC News

‘A former Paralympian who glued himself to the roof of a plane has been found guilty of causing a public nuisance.’

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BBC News, 29th July 2021

Source: www.bbc.co.uk

The Tort of Nuisance – Overlook it at Your Peril – 4 King’s Bench Walk

Posted June 14th, 2021 in chambers articles, news, nuisance by sally

‘In this month’s Construction Law 4KBW’s Chris Bryden (2003) and Georgia Whiting (2011) examine the tort of private nuisance, a complex area which they warn has the potential to affect construction professionals in far-reaching (and evolving) ways.’

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4 King's Bench Walk, 3rd June 2021

Source: www.4kbw.co.uk

Legal issues relating to trees – New Square Chambers

Posted February 11th, 2021 in chambers articles, news, nuisance, trees, trespass by sally

‘Trees can provoke a surprising number of legal disputes which frequently lead to either civil or even criminal litigation.’

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New Square Chambers, 1st February 2021

Source: www.newsquarechambers.co.uk

Trying to shoot the messenger – Nearly Legal

Posted January 19th, 2021 in abuse of process, barristers, costs, negligence, news, nuisance, repairs, striking out by sally

‘The name of Moorjani may be familiar. We first encountered Mr Moorjani in a judgment transforming the case law on loss of amenity damages in disrepair claims in the Court of Appeal. However, despite the transformation of the law, and the successful appeal, it turns out that for Mr Moorjani that litigation, and indeed his subsequent claim, were actually quite disastrous. We now know this because Mr Moorjani brought a claim against his direct access barrister who acted for him at the county court trial of the original claim. This is the judgment on the defendant’s strike out application in that claim.’

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Nearly Legal, 17th January 2021

Source: nearlylegal.co.uk

Nightmare Neighbours – What Actions Can Be Taken Against Them? – Becket Chambers

‘Some of us are unfortunate enough to encounter nightmare neighbours who negatively impact our day-to-day life to varying degrees. This article seeks to explore the options available to clients who need to take further steps to resolve their neighbour disputes.’

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Becket Chambers, 5th January 2021

Source: becket-chambers.co.uk

Marketing company fined £250k for personal injury nuisance calls – Legal Futures

Posted December 17th, 2020 in fines, news, nuisance, personal injuries, telecommunications by tracey

‘The Information Commissioner’s Office (ICO) has fined a marketing company £250,000 for making over 365,000 nuisance calls asking people about accidents and pretending to be from their insurer.’

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Legal Futures, 17th December 2020

Source: www.legalfutures.co.uk

And he’s not there… – Nearly Legal

Posted December 16th, 2020 in appeals, drug offences, housing, landlord & tenant, leases, news, noise, nuisance, trespass, tribunals by tracey

‘A breach of lease case in the Upper Tribunal which, despite the names, appears to be between two unrelated people. So I shall call them L – the leaseholder – and F – the freeholder – to avoid multiple Gibbins related confusion.’

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Nearly Legal, 13th December 2020

Source: nearlylegal.co.uk