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

Judge gives reasons for granting interim injunction prohibiting anti-HS2 protesters from overnight sleeping and other acts on council land next to construction site – Local Government Lawyer

‘A High Court judge has issued his reasons for last month granting Hillingdon Council a limited interim injunction preventing a number of named defendants and persons unknown from doing certain acts on land at Harefield Moor owned by the council and adjoining the site of construction works for part of the HS2 railway line.’

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Local Government Lawyer, 5th August 2020

Source: www.localgovernmentlawyer.co.uk

High Court judge outlines reasons for granting interim injunction over anti-social behaviour in park – Local Government Lawyer

‘A High Court judge has given his reasons for granting, despite his misgivings, the London Borough of Hackney an interim injunction against anti-social behaviour in a park.’

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Local Government Lawyer, 22nd July 2020

Source: www.localgovernmentlawyer.co.uk

Raves, laughing gas and drink: a nuisance in Hackney – UK Human Rights Blog

Posted July 21st, 2020 in injunctions, local government, news, nuisance by sally

‘This case involved the ancient tort of public nuisance. Such a claim is addressed to behaviour which inflicts damage, injury or inconvenience on all members of a class who come within the sphere or neighbourhood of its operation.’

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UK Human Rights Blog, 20th July 2020

Source: ukhumanrightsblog.com

R (Susan Fisher) v Durham County Council [2020] – The Interface Between Statutory Nuisance and Disability Discrimination – Francis Taylor Building

‘In his judgment in R (on the application of Susan Fisher) v. Durham County Council [2020] EWHC [2020] EWHC 1277 (Admin) handed down in the Leeds District Registry on 21 May 2020, Julian Knowles J. has dismissed a challenge brought by Susan Fisher, a woman with a neurological disorder which cases her to make involuntary sounds and noises, including words and phrases, against the decision of my client Durham County Council to serve her with a abatement notice under the Environmental Protection Act 1990 (“EPA 1990”).’

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Francis Taylor Building, 21st May 2020

Source: www.ftbchambers.co.uk

UK courts told not to ‘overreact’ during coronavirus crisis – The Guardian

‘Courts must take care not to “overreact in unprecedented times”, a former director of public prosecutions has said, amid concerns that lengthy sentences being imposed during the coronavirus crisis could be excessive.’

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The Guardian, 19th April 2020

Source: www.theguardian.com

Remote hearings: injunction to stop ‘car cruising’ continued in open court without attendance of the parties – Wolverhampton City Council & Ors v Persons Unknown – Hardwicke Chambers

‘This was a review hearing for a quia timet injunction against ‘car cruising’ in areas of the Claimant local authorities before His Honour Judge Worster sitting as a High Court Judge in the QBD, Birmingham District Registry. ‘Car cruising’, or ‘street cruising’ as it is sometimes defined, is a congregation of two or more motor vehicles driving dangerously or in an anti-social way so as to cause nuisance, damage or danger to the public; usually gatherings to race or perform stunts in cars, motorbikes or quad bikes, which have been a particular problem in particular parts of Birmingham.’

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Hardwicke Chambers, 3rd April 2020

Source: hardwicke.co.uk

Coronavirus: Man jailed after hospital visit social media boast – BBC News

‘A man who boasted on social media of visiting a hospital without a medical reason has been jailed for 12 weeks.’

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BBC News, 2nd April 2020

Source: www.bbc.co.uk

Fearn & Ors v Board of Trustees of the Tate Gallery [2020] EWCA Civ 104 – Tanfield Chambers

Posted March 17th, 2020 in human rights, news, nuisance, privacy by sally

‘There was no cause of action that existed in respect of a private nuisance for overlooking. The instant case was more akin to an invasion of privacy rather than nuisance, and Parliament should be the body to legislate that area rather than the Courts.’

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Tanfield Chambers, 25th February 2020

Source: www.tanfieldchambers.co.uk

Environmental Law News Update – Six Pump Court

Posted February 26th, 2020 in chambers articles, environmental protection, housing, news, nuisance, privacy, waste, water by sally

‘In this latest Environmental Law News Update, Charles Morgan, Gordon Wignall and Natasha Hausdorff consider recent flooding events in the UK, the Tate Gallery viewing platform case and the rise in fly-tipping and organised crime.’

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Six Pump Court, 19th February 2020

Source: www.6pumpcourt.co.uk

The Overlooked – Nearly Legal

Posted February 20th, 2020 in appeals, news, nuisance, privacy by sally

‘This is the latest round of what is becoming the most heavily litigated stretch of air space in London, assorted leaseholders of Neo Bankside against the Tate Modern, over the overlooking of their flats (plate glass walls and all) from the viewing platform on the Tate Modern extension.’

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Nearly Legal, 19th February 2020

Source: nearlylegal.co.uk

Fearn & Ors v The Board of Trustees of the Tate Gallery – Falcon Chambers

Posted February 19th, 2020 in appeals, chambers articles, housing, human rights, news, nuisance, privacy by sally

‘The Neo Bankside development is a striking modern development designed by Richard Rogers and Partners (now Rogers Stirk Harbour + Partners). It is on the south side of the River Thames and is adjacent to the Tate Modern, Britain’s National gallery of international modern art, which is based in the former Bankside Power Station.’

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Falcon Chambers, February 2020

Source: www.falcon-chambers.com

Adjacent flats: a new installation for Tate Modern? – UK Human Rights Blog

Posted February 14th, 2020 in appeals, housing, injunctions, news, nuisance, planning by sally

‘The Court of Appeal has just dismissed the actions in nuisance by residents of flats adjacent to the the Tate Modern art gallery on the south bank of the River Thames in central London. (Disclaimer: the author of this post has just moved into an apartment in the area but has no association with the flats or the residents central to this appeal.)’

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UK Human Rights Blog, 13th February 2020

Source: ukhumanrightsblog.com

Tate Modern privacy row residents dealt legal blow – BBC News

Posted February 13th, 2020 in appeals, injunctions, news, nuisance, privacy by tracey

‘Flat owners overlooked by Tate Modern visitors on a viewing platform have been dealt a legal blow in a row over their privacy. Residents of Neo Bankside want to stop “hundreds of thousands of visitors” watching them from the platform. But the Court of Appeal has dismissed their claim to privacy saying they should “lower their solar blinds”.’

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BBC News, 12th February 2020

Source: www.bbc.co.uk

Environmental Law News Update – Six Pump Court

Posted January 17th, 2020 in bills, climate change, environmental protection, local government, news, nuisance by sally

‘In this latest Environmental Law News Update, Charles Morgan, Gordon Wignall and Mark Davies consider the Wellbeing of Future Generations Bill, the Dutch Supreme Court’s ruling in the Urgenda litigation and the role of local authorities in climate change and nuisance law.’

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Six Pump Court, 15th January 2020

Source: www.6pumpcourt.co.uk

Teenager who threatened suicide on road prosecuted for third time – The Guardian

‘A teenager with long-term mental health problems has been prosecuted three times in the last nine months after threatening suicide near busy roads.’

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The Guardian, 16th January 2020

Source: www.theguardian.com

“Neighbour From Hell?” – Church Court Chambers

Posted November 28th, 2019 in disclosure, misrepresentation, news, noise, nuisance, sale of land, trespass by sally

Does your neighbour regularly park across your driveway? Have a dog that howls or barks incessantly? Play drum and bass music into the early hours? Have children that make uncontrolled noise or trespass regularly onto your property? Use power tools at anti-social hours at the weekend? Do you have a neighbour from hell? Have you raised a complaint to your neighbour directly or to others such as the police or the Local Authority? If so, your property may have suffered a Diminution in Value as a result of such anti-social behaviour or harassment. The value of your property depends on good neighbours and maintaining cordial relations.

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Church Court Chambers, November 2019

Source: churchcourtchambers.co.uk

Council planning board removes clause from s106 agreement restricting future occupants from bringing claims over noise after receiving advice move was unlawful – Local Government Lawyer

Posted November 28th, 2019 in damages, news, noise, nuisance, planning by sally

‘­­The Planning Board at the Royal Borough of Greenwich has removed a clause from a s106 agreement that was intended to restrict future occupants of a housing development from pursuing claims for nuisance or damages over noise, after receiving legal advice suggesting it was unlawful.’

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Local Government Lawyer, 27th November 2019

Source: www.localgovernmentlawyer.co.uk