Japanese knotweed nuisance in the light of Waistell and Smith v Line – Hardwicke Chambers

Posted June 20th, 2018 in damages, injunctions, news, nuisance, railways, trees by sally

‘Two recent County Court decisions have grappled with the issue of Japanese knotweed (JK) in the context of private nuisance claims between neighbouring landowners. The first was the judgment of Mr Recorder Grubb in Cardiff in respect of two separate actions with a common defendant: Williams v Network Rail Infrastructure Ltd (B20YX969) and Waistell v Network Rail Infrastructure Ltd (B34YJ849) (together Waistell). Still more recent was the judgment of HHJ Carr in Truro in Smith and another v Line (CTR00216) (Smith v Line), which was widely reported, albeit not entirely accurately, in the broadsheet and tabloid newspapers at the time of the hearing.’

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Hardwicke Chambers, 11th May 2018

Source: www.hardwicke.co.uk

Here we go again – Government renews bid to make directors personally liable for nuisance calls – Legal Futures

Posted May 31st, 2018 in company directors, consultations, news, nuisance, telecommunications by sally

‘The government is set to finally make good on its pledge to make the directors of companies which make unsolicited nuisance calls personally liable if their firm breaks the law.’

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Legal Futures, 31st May 2018

Source: www.legalfutures.co.uk

Noisy neighbours must pay banker £100,000 in compensation because their floors had no carpet, judge rules – Daily Telegraph

Posted March 7th, 2018 in compensation, contracts, injunctions, news, noise, nuisance by sally

‘The noisy neighbours of a banker must pay her £100,000 in compensation because their floors had no carpet, a judge has ruled.’

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Daily Telegraph, 5th March 2018

Source: www.telegraph.co.uk

Serial mountain rescue faker who took a selfie while being winched to safety is jailed for 16 months – Daily Telegraph

Posted January 15th, 2018 in costs, emergency services, news, nuisance, sentencing by sally

‘As a means of attracting attention, staging accidents on various mountain ranges is not overly common. But that is likely to be of little consolation to the crews who have raced to the aid of Michael Cuminskey, a serial mountain rescue faker with a penchant for taking a selfie as he is winched to safety.’

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Daily Telegraph, 15th January 2018

Source: www.telegraph.co.uk

It’s a hard life for under pressure costs judges after proportionality ruling bites the dust – Litigation Futures

Posted January 8th, 2018 in civil procedure rules, costs, news, nuisance, proportionality by sally

‘A circuit judge has more than doubled the amount that Queen guitarist Brian May can recover after he settled a private nuisance dispute, ruling that the costs judge at first instance had misapplied the new proportionality test.’

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Litigation Futures, 8th January 2018

Source: www.litigationfutures.com

New guidance on the use of the Anti-social Behaviour, Crime and Policing Act 2014 – UK Police Law Blog

Posted January 4th, 2018 in ASBOs, local government, news, nuisance, police by sally

‘Revised Guidance has been published on 24 December 2017. The Home Office website states:

New guidance on the use of anti-social behaviour powers will help police and councils continue to take appropriate action against nuisance behaviours while ensuring the most vulnerable, including the homeless, are not disproportionately targeted.’

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UK Police Law Blog, 27th December 2017

Source: ukpolicelawblog.com

Wannabe YouTube star sentenced for ‘tombstoning’ into swimming pool during water polo match – Daily Telegraph

Posted November 9th, 2017 in community service, costs, news, nuisance, sentencing, young persons by tracey

‘A wannabe YouTube star has been convicted after he filmed himself “tombstoning” into a swimming pool during a water polo match in a bid to make money from social media.’

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Daily Telegraph, 8th November 2017

Source: www.telegraph.co.uk

Grenfell Tower fire: tenants’ rights and the gaps in the law – Legal Voice

‘The Grenfell Action Group and residents raised repeated concerns about the apparent neglect of health and safety legislation. Whilst there are several potential causes of action, the reality for tenants is that they would have struggled to bring a claim for a number of reasons.’

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Legal Voice, 23rd June 2017

Source: www.legalvoice.org.uk

Nuisance marketing company that made 100m cold calls receives record fine – Legal Futures

Posted May 12th, 2017 in complaints, fines, news, nuisance, telecommunications by sally

‘A company behind 100m nuisance calls has been fined a record £400,000 by the Information Commissioner’s Office (ICO) after more than 1,000 people complained about automated calls.’

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Legal Futures, 11th May 2017

Source: www.legalfutures.co.uk

Nuisance call firm Keurboom hit with record fine – BBC News

Posted May 11th, 2017 in advertising, complaints, fines, news, nuisance, privacy, telecommunications by tracey

‘A cold-calling firm has been fined a record £400,000 by the Information Commissioner’s Office (ICO) for making almost 100 million nuisance calls.’

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BBC News, 11th May 2017

Source: www.bbc.co.uk

Aarhus Convention update: Government still ignoring private nuisance claims – UK Human Rights Blog

Posted January 27th, 2017 in civil procedure rules, costs, judicial review, news, nuisance, planning by sally

‘In November 2016, the Government responded in rather disappointing terms (here) to a consultation about amending its costs rules in civil cases to reflect the requirements of the Aarhus Convention.’

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UK Human Rights Blog, 26th January 2017

Source: www.ukhumanrightsblog.com

£2 million legal battle over damage from sticky lime sap – Daily Telegraph

Posted December 5th, 2016 in news, nuisance, trees, trespass by sally

‘A wealthy solicitor is embroiled in a bitter legal dispute with his neighbour over a lime tree he claims is damaging his £1.3 million home and smearing unsightly sap over his windows.’

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Daily Telegraph, 3rd December 2016

Source: www.telegraph.co.uk

Cardiff v Lee: Permission needed to enforce a suspended possession order – Hardwicke Chambers

‘Last week, the Court of Appeal handed down judgment in the case of Cardiff County Council v Lee (Flowers) [2016] EWCA Civ 1034, confirming that all landlords, whether social or private, are required to seek the permission of the County Court under CPR r83.2 in order to obtain a warrant of possession for breach of a suspended possession order.’

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Hardwicke Chambers, 26th November 2016

Source: www.hardwicke.co.uk

Airbnb – a wonderful idea or is it? – Tanfield Chambers

Posted November 9th, 2016 in covenants, hotels, landlord & tenant, leases, mortgages, news, nuisance by sally

‘Airbnb seems like a wonderful idea. You can rent out your flat whenever convenient without having to become a full-time landlord or hotelier. It’s an easy way to earn a little extra cash with the added bonus of a world-wide network of other people’s spare rooms available for that well-deserved weekend break. Airbnb now has 60m users, 640,000 “hosts”, 2m listings and 500,000 stays per night. It’s big!’

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Tanfield Chambers, 22nd October 2016

Source: www.tanfieldchambers.co.uk

Council right to seek injunction against vegetable processing plant: judge – Local Government Lawyer

Posted November 8th, 2016 in costs, injunctions, local government, news, nuisance, pollution by sally

‘It was reasonable for a council to apply for an interim injunction against a company over allegations of a bad odour from its vegetable processing plant, a High Court judge has ruled.’

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Local Government Lawyer, 3rd November 2016

Source: www.localgovernmentlawyer.co.uk

A non-binary outcome – Nearly Legal

‘This is a cautionary tale for DJs and DDJs hearing Equality Act defences. In Birmingham CC v Stephenson [2016] EWCA Civ 1029 (not on Bailii yet, but we have seen a transcript), the Court of Appeal considered whether a possession order granted in respect of an introductory tenancy was wrongly granted where an Akerman-Livingstone Equality Act style defence was raised (alongside an Article 8 defence). Mr Stephenson had been responsible for noise nuisance from his (uncarpeted) flat. He suffers from paranoid schizophrenia, the symptoms of which are alleviated but not completely cured by medication.’

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Nearly Legal, 1st November 2016

Source: www.nearlylegal.co.uk

Judge jails ‘childish’ man who brought M1 to standstill because of grudge with police – Daily Telegraph

Posted August 1st, 2016 in child abuse, complaints, guilty pleas, news, nuisance, police, roads, sentencing by Mark L

‘A “childish” man who cost the economy £28 million when he brought the M1 to a standstill for 28 hours has been jailed for two years after he caused hundreds of holidaymakers to miss their flights.’

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Daily Telegraph, 29th July 2016

Source: www.telegraph.co.uk

Nuisance caller cost the taxpayer £78,000 by making 408 calls to the ambulance service in two years – Daily Telegraph

Posted July 28th, 2016 in assault, emergency services, health, news, nuisance, sentencing, Wales by tracey

‘A woman who cost the taxpayer £78,000 by phoning ambulance service more than 400 times in two years has been jailed.’

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Daily Telegraph, 28th July 2016

Source: www.telegraph.co.uk

Crazy little thing called proportionality causes hammer to fall on Queen guitarist’s costs – Litigation Futures

‘Lawyers should tell clients in cases where costs significantly exceed damages that the new test of proportionality means they will receive “no more than a contribution” to those costs if they are successful, a costs judge has said.’

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Litigation Futures, 17th June 2016

Source: www.litigationfutures.com

Watchdog demands more powers to stop cold-calling kingpins from dodging fines – Daily Telegraph

‘Cold call kings behind millions of nuisance calls are getting away with it because the Government has refused to hold them personally liable, the departing Information Commissioner has told The Telegraph. Christopher Graham, in his final interview before stepping down, said he had repeatedly pressed ministers to give him the power to pursue the directors of cold-calling companies – but his pleas had been ignored.’

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Daily Telegraph, 18th June 2016

Source: www.telegraph.co.uk