One jailed and three others fined over Insulate Britain roadblock protest – The Guardian

‘One protester has been jailed for five weeks and three others given fines and community service for their part in a protest to demand government action on insulation.’

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The Guardian, 20th April 2023

Source: www.theguardian.com

Living in a zoo – the Supreme Court’s decision in Fearn v Trustees of the Tate Gallery [2023] UKSC 4 – Exchange Chambers

Posted April 14th, 2023 in appeals, chambers articles, housing, news, nuisance, Supreme Court by sally

‘A few yards from the Tate Modern lies the Neo-Bankside block. It contains glass fronted flats constructed not long before the gallery’s viewing platform (known as the Blatvanik Building) opened. The trial took place in 2019, shortly before coronavirus struck in 2020 ([2019] EWHC 246) and took an inordinately long time to get to the Supreme Court.’

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Exchange Chambers, 23rd March 2023

Source: www.exchangechambers.co.uk

The use of the new statutory public nuisance offence to prosecute political and environmental protest – Doughty Street Chambers

‘On 28 June 2022, section 78 of the Police, Crime, Sentencing and Courts Act 2022 (‘the PCSCA’) came into force. Following a recommendation by the Law Commission, the new statutory offence of intentionally or recklessly causing public nuisance codified and abolished the old offence of common law public nuisance.’

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Doughty Street Chambers, 15th March 2023

Source: insights.doughtystreet.co.uk

The Tate Modern case: are human rights relevant to property law cases between private parties? – Mills & Reeve

Posted April 11th, 2023 in human rights, news, nuisance, privacy, Supreme Court by sally

‘The recent Supreme Court decision of Fearn v Board of Trustees of the Tate Gallery [2023] will, no doubt, become the leading case in relation to the law on private nuisance, and one might, understandably, overlook the case in terms of what it said about human rights. The Supreme Court said that Article 8, the right to respect for private and family life, was an “unnecessary complication and distraction in this case”.’

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Mills & Reeve, 6th April 2023

Source: www.mills-reeve.com

Nuisance law and a diverging of judgments – Solicitors’ Journal

Posted March 30th, 2023 in judgments, news, nuisance, privacy, Supreme Court by sally

‘Gordon Wignall explores a nuisance case in the Supreme Court about the Tate Modern and Richard Roger’s glass dwellers’ lack of privacy.’

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Solicitors' Journal, 27th March 2023

Source: www.solicitorsjournal.com

2023: Year of the Nuisance? – UK Human Rights Blog

Posted March 27th, 2023 in appeals, damages, human rights, limitations, news, nuisance, Supreme Court by tracey

‘2023 has already been a landmark year for nuisance, with the Supreme Court handing down its controversial decision in Fearn v Tate Gallery (as discussed on this blog). The good news for those with a particular interest in the bothersome behaviour of neighbours is that Fearn is only the start.’

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UK Human Rights Blog, 24th March 2023

Source: ukhumanrightsblog.com

Insulate Britain protester jailed for stopping traffic on M4 – BBC News

Posted March 14th, 2023 in climate change, demonstrations, news, nuisance, roads, sentencing by sally

‘An Insulate Britain protester has been jailed for five weeks for obstructing the motorway, causing huge disruption.’

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BBC News, 13th March 2023

Source: www.bbc.co.uk

Court restrictions on climate protesters ‘deeply concerning’, say leading lawyers – The Guardian

‘Restrictions placed on non-violent climate protesters who have been tried in criminal courts were part of a “deeply concerning” “pincer movement” narrowing their rights to free expression, leading lawyers have told the Guardian.’

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The Guardian, 8th March 2023

Source: www.theguardian.com

Four Insulate Britain members convicted after London street blockade – The Guardian

‘Four climate activists who blockaded a street in London in a campaign to press the government to insulate homes have been found guilty of public nuisance.’

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The Guardian, 6th March 2023

Source: www.theguardian.com

Jurors trying Insulate Britain protesters fail to reach verdict – The Guardian

‘Three climate protesters who stopped traffic to bring rush hour chaos to the City of London face a possible retrial.’

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The Guardian, 2nd March 2023

Source: www.theguardian.com

Insulate Britain activists found guilty over London roadblock – The Guardian

Posted February 14th, 2023 in climate change, contempt of court, demonstrations, news, nuisance, road traffic, roads by sally

‘Three Insulate Britain activists have been found guilty of causing a public nuisance by a jury for a two-hour sit-down blockade of traffic.’

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The Guardian, 13th February 2023

Source: www.theguardian.com

Why an exceptional view might constitute a nuisance against your neighbours – Local Government Lawyer

Posted February 13th, 2023 in appeals, housing, injunctions, local government, news, nuisance, privacy, Supreme Court by tracey

‘Anjali Patel looks at the lessons to be learned from the Supreme Court’s ruling in the Tate Modern viewing platform dispute.’

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Local Government Lawyer, 10th February 2023

Source: www.localgovernmentlawyer.co.uk

Insulate Britain activist jailed for eight weeks for contempt of court – The Guardian

‘An environmental activist has been jailed for eight weeks after disobeying a judge’s instruction not to mention the climate crisis as his motivation during his trial for taking part in a road-blocking protest.’

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The Guardian, 7th February 2023

Source: www.theguardian.com

Supreme Court ruling in Tate Modern privacy case could create ‘new front of litigation’ – OUT-LAW.com

Posted February 6th, 2023 in appeals, damages, housing, injunctions, London, news, nuisance, privacy, Supreme Court by tracey

‘The Supreme Court’s ruling in a nuisance dispute involving a viewing platform at the Tate Modern gallery in London could “open a new front of litigation”, according to two legal experts.’

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OUT-LAW.com, 6th February 2023

Source: www.pinsentmasons.com

Bridgend land owner wins knotweed appeal court pay-out – BBC News

Posted February 6th, 2023 in appeals, damages, housing, local government, news, nuisance by tracey

‘A land owner has won a legal fight after complaining about Japanese knotweed encroaching from council land.’

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BBC News, 5th February 2023

Source: www.bbc.co.uk

M25 protests: Arrests of journalists not justified, review finds – BBC News

Posted November 24th, 2022 in climate change, demonstrations, media, news, nuisance, police, roads, wrongful arrest by sally

‘A review into the actions of a police force during a Just Stop Oil protest on the M25 has concluded the arrests of journalists “were not justified”.’

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BBC News, 23rd November 2022

Source: www.bbc.co.uk

First jury trial of Insulate Britain activists begins over M25 blockage – The Guardian

‘Four climate activists have gone on trial for allegedly blocking the M25, in the first of dozens of jury trials planned for supporters of the Insulate Britain campaign.’

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The Guardian, 21st November 2022

Source: www.theguardian.com

Just Stop Oil: High Court grants injunction to prevent M25 protests Published 23 hours ago – BBC News

‘A High Court injunction has been granted to prevent Just Stop Oil protesters disrupting the M25.’

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BBC News, 6th November 2022

Source: www.bbc.co.uk

Clicks, pops and nuisance – Nearly Legal

Posted November 7th, 2022 in expert witnesses, housing, leases, news, noise, nuisance by tracey

‘Tejani v Fitzroy Place Residential Ltd (2022) EWHC 2760 (TCC). This is another in what appears to be becoming a series (see previous post) of very expensive but failed nuisance claims. I will not go into great detail, but there are two lessons to be drawn.’

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Nearly Legal, 6th November 2022

Source: nearlylegal.co.uk

The latest injunction against HS2 protestors bans nearly everyone anywhere on 170 mile route – UK Human Rights Blog

‘High Speed Two (HS2) Limited and the Secretary of State for Transport v Four Categories of Persons Unknown and Ross Monaghan and 58 other Named Defendants [2022] EWHC 2360 (KB). This case involved the application, and grant, of an interim injunction in the “unknown” as well as “known” protester context by Knowles J in the Birmingham District Registry.’

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UK Human Rights Blog, 7th November 2022

Source: ukhumanrightsblog.com