Fracking protesters walk free after court quashes ‘excessive’ sentences – The Guardian

Posted October 18th, 2018 in appeals, demonstrations, environmental protection, news, nuisance, sentencing by sally

‘Three protesters jailed for blocking access to a fracking site have walked free after the court of appeal quashed their sentences, calling them “manifestly excessive”.’

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The Guardian, 17th October 2018

Source: www.theguardian.com

Court of Appeal upholds decision to register part of port as village green – Local Government Lawyer

Posted October 10th, 2018 in appeals, commons, land registration, local government, news, nuisance by sally

‘The Court of Appeal has upheld Essex County Council’s decision to register land that is part of the Port of Mistley as a town or village green (TVG).’

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Local Government Lawyer, 9th October 2018

Source: www.localgovernmentlawyer.co.uk

Who can complain of statutory nuisance? – Nearly Legal

Posted October 2nd, 2018 in complaints, environmental protection, housing, news, nuisance by sally

‘The question in the rather wonderfully titled Watkins v Aged Merchant Seamen’s Homes & Anor (2018) EWHC 2410 (Admin) was whether a former licensee who remained in occupation after a possession order could bring a complaint of statutory nuisance under Environmental Protection Act 1990 and ‘prove’ the condition of the property at the time of the hearing in the Magistrates Court. There are all sorts of things flying about in the background of this judgment, including off stage judicial review proceedings, but the key issue is what sort of status an occupier has to have to bring (and continue) an EPA 1990 prosecution.’

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Nearly Legal, 30th September 2018

Source: nearlylegal.co.uk

A noisy appeal – Nearly Legal

Posted October 1st, 2018 in appeals, housing, news, noise, nuisance, repossession by sally

‘This was Curo Places appeal of a Circuit Judge’s dismissal of its possession claim against Ms Walker.’

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Nearly Legal, 30th September 2018

Source: nearlylegal.co.uk

The Knotty Issue of Knotweed – Henderson Chambers

Posted August 9th, 2018 in news, nuisance, railways, trees by sally

‘According to the Crop Protection Association one in ten cases of Knotweed infestation cost property owners more than £4,000, one in five cases see the value of the affected property fall and three in five cause property damage.’

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Henderson Chambers, 27th July 2018

Source: 3yf6pp3bqg8c3rycgf1gbn9w-wpengine.netdna-ssl.com

Court of Appeal Attempts to Cut Gordian Knot(weed) – Hardwicke Chambers

Posted August 9th, 2018 in news, nuisance, railways, trees by sally

‘Common law private nuisance cases involving the invasive non-native plant, Japanese knotweed (JK), received a considerable amount of attention in the county court in 2017 and 2018. In the joined cases of Williams v Network Rail Infrastructure Limited (B20YX969) and Waistell v Network Rail Infrastructure Ltd [2017] UK CC, Mr Recorder Grubb, sitting in Cardiff County Court, awarded damages to the claimants for loss of amenity on the basis that JK on the defendant’s land had diminished the value of the claimants’ land by reason of it rendering the claimants’ land less acceptable as security for mortgage lending, even in the event of the JK on the defendant’s land having been treated (see Article, Japanese knotweed nuisance in the light of Waistell and Smith v Line).’

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Hardwicke Chambers, 6th August 2018

Source: www.hardwicke.co.uk

Japanese Knotweed and Private Nuisance – Network Rail Infrastructure Ltd v Williams [2018] EWCA Civ 1514 – No. 5 Chambers

Posted August 7th, 2018 in news, nuisance, railways, trees by sally

‘Over the past few years there has been increasing awareness about the threat posed by Japanese knotweed and new measures have been introduced to combat its spread.’

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No. 5 Chambers, 16th July 2018

Source: www.no5.com

£100,000 fine for company that made nuisance PI calls – Legal Futures

Posted August 3rd, 2018 in fines, news, nuisance, personal injuries, telecommunications by tracey

‘A marketing company that made nuisance personal injury calls to people registered with the Telephone Preference Service (TPS) has been fined £100,000.’

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Legal Futures, 3rd August 2018

Source: www.legalfutures.co.uk

Children’s author faces £1m payout after ‘terrorising’ actor neighbour with ‘monstrously out of control’ garden – Daily Telegraph

Posted August 2nd, 2018 in compensation, harassment, injunctions, news, noise, nuisance by tracey

‘A children’s author faces a £1m payout after terrorising her actor neighbour with her “monstrously out of control” garden.’

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Daily Telegraph, 1st August 2018

Source: www.telegraph.co.uk

Nuisance by Knotweed – Jeremy Hyam QC – UK Human Rights Blog

Posted July 26th, 2018 in agriculture, appeals, human rights, news, nuisance by sally

‘Hancock’s curse, monkey fungus, elephant ears, pea shooters, donkey rhubarb are all (bizarre) English names for Fallopia japonica or Japanese knotweed. Although initially lauded for its beauty (it was so celebrated that in 1847 it was named by one Horticultural society as the ‘most interesting new ornamental plant of the year’) it is now well known as a fast growing and pernicious weed that is very difficult to eradicate. This is because it has a large underground network of roots (rhizomes). So bad is its destructive nature that since 2013 a seller of property is required to state whether Japanese knotweed is present on their property through a TA6 form – the property information form used for conveyancing.’

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UK Human Rights Blog, 25th July 2018

Source: ukhumanrightsblog.com

Gordian Knot(weed) – Nearly Legal

Posted July 6th, 2018 in damages, injunctions, news, nuisance, railways, trees by tracey

‘Network Rail Infrastructure Ltd v Williams & Anor (2018) EWCA Civ 1514. Japanese knotweed nuisance cases – there are already many of these and (given the nature of the pestilential stuff) there will be more. In case you don’t know, Japanese knotweed is an invasive weed that is all but impossible to eradicate (and must be done by licensed organisations). It grows quickly through spreading underground rhizomes and can affect structures if growing within 7 metres of their foundations. It’s presence has to be disclosed on any sale of a property.’

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Nearly Legal, 4th July 2018

Source: nearlylegal.co.uk

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