Shard freeclimber faces court case over breach of injunction – The Guardian

Posted October 21st, 2019 in injunctions, news, nuisance by sally

‘The freeclimber who scaled the Shard in July is being taken to court by the skyscraper’s owners for breaching an injunction.’

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The Guardian, 20th October 2019

Source: www.theguardian.com

Breach of PSED and consequences for possession – Nearly Legal

‘The Court of Appeal considers the effect of an admitted breach of the Public Sector Equality Duty under s.149 Equality Act 2010 on possession proceedings.’

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Nearly Legal, 18th August 2019

Source: nearlylegal.co.uk

Manchester police defend prosecution of two mentally ill people – The Guardian

‘A police force has defended its decision to prosecute two mentally ill women who were charged after they caused traffic jams when trying to kill themselves.’

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The Guardian, 22nd May 2019

Source: www.theguardian.com

Song from under the floorboards – Nearly Legal

Posted May 7th, 2019 in appeals, consent, contracts, covenants, enforcement, housing, leases, news, nuisance by tracey

‘Fouladi v Darout Ltd & Ors (2018) EWHC 3501 (Ch). Although the judgment is dated December 2018, this has just appeared – a case on the perennially vexed topic of noise from a flat above. In fact it is an appeal and cross appeal on a county court judgment and order on a claim by a leaseholder against both the upstairs leaseholder and the freeholder. The reason that the claim was made, reached trial and then appeal might be connected to the value of the claimant’s flat being some £2,400,000.’

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Nearly Legal, 6th May 2019

Source: nearlylegal.co.uk

Case Analysis: Fearn v Trustees of the Tate Gallery [2018] EWHC 246 (Ch) – Tanfield Chambers

Posted March 20th, 2019 in housing, news, nuisance, privacy by sally

‘The claim related to a public viewing platform on the 10th Floor of the Tate Modern art gallery in Central London. The gallery overlooked a modern residential development approx.35m away with striking floor to ceiling windows. As a result, visitors using the platform could see into the living areas of the flats. There was evidence that there were up to 300 visitors at a time, and that a significant minority waived and shouted at the occupiers of the flats, took photos and posted pictures of the interiors of the flats on social media. The owners of the flats brought a claim for private nuisance against the trustees of the gallery.’

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Tanfield Chambers, 22nd February 2019

Source: www.tanfieldchambers.co.uk

Bike gang sentenced for Birmingham and Solihull rampage – BBC News

‘Nearly 30 men have been sentenced for their part in a bike gang’s five-hour rampage through Birmingham.’

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BBC News, 18th March 2019

Source: www.bbc.co.uk

Tate Modern wins privacy case brought by owners of £4m flats – The Guardian

Posted February 13th, 2019 in housing, news, nuisance, privacy by sally

‘One of Tate Modern’s most popular areas, a top-floor terrace that offers spectacular 360-degree views of London, is to remain fully open after neighbours lost a privacy case.’

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The Guardian, 12th February 2019

Source: www.theguardian.com

Student who sparked Newcastle bomb scare with artwork on bridge given community service – The Independent

Posted January 15th, 2019 in bomb hoaxing, community service, news, nuisance, sentencing by tracey

‘A student who sparked a bomb scare by attaching piece of art to a bridge has been sentenced to 90 hours of community service.’

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The Independent, 15th January 2019

Source: www.independent.co.uk

Director liability for nuisance calls introduced – OUT-LAW.com

Posted December 18th, 2018 in company directors, news, nuisance, telecommunications by sally

‘Company directors in the UK can now be fined up to £500,000 if their businesses engage in unsolicited marketing activity.’

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OUT-LAW.com, 17th December 2018

Source: www.out-law.com

Nuisance call bosses face £500,000 fines – BBC News

Posted December 17th, 2018 in bankruptcy, consumer protection, fines, news, nuisance, statistics, telecommunications by sally

‘Directors of firms that cold-call consumers can now be fined up to £500,000 under new rules that have come into force.’

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BBC News, 17th December 2018

Source: www.bbc.co.uk

Council prosecution sees property owner fined £18k over Japanese knotweed – Local Government Lawyer

Posted December 10th, 2018 in fines, local government, news, nuisance, prosecutions, trees by sally

‘A Bristol property owner has been fined £18,000 for allowing the spread of Japanese knotweed, after what is thought to be one of the first prosecutions nationally using the Anti-Social Behaviour, Crime and Policing Act 2014 to tackle the issue.’

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Local Government Lawyer, 7th December 2018

Source: www.localgovernmentlawyer.co.uk

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

Posted October 18th, 2018 in appeals, demonstrations, environmental protection, fracking, 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

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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