A noisy appeal – Nearly Legal
‘This was Curo Places appeal of a Circuit Judge’s dismissal of its possession claim against Ms Walker.’
Nearly Legal, 30th September 2018
Source: nearlylegal.co.uk
Category: nuisance
The Knotty Issue of Knotweed – Henderson Chambers
‘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.’
Henderson Chambers, 27th July 2018
Court of Appeal Attempts to Cut Gordian Knot(weed) – Hardwicke Chambers
‘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).’
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
‘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.’
No. 5 Chambers, 16th July 2018
Source: www.no5.com
£100,000 fine for company that made nuisance PI calls – Legal Futures
‘A marketing company that made nuisance personal injury calls to people registered with the Telephone Preference Service (TPS) has been fined £100,000.’
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
‘A children’s author faces a £1m payout after terrorising her actor neighbour with her “monstrously out of control” garden.’
Daily Telegraph, 1st August 2018
Source: www.telegraph.co.uk
Nuisance by Knotweed – Jeremy Hyam QC – UK Human Rights Blog
‘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.’
UK Human Rights Blog, 25th July 2018
Source: ukhumanrightsblog.com
Gordian Knot(weed) – Nearly Legal
‘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.’
Nearly Legal, 4th July 2018
Source: nearlylegal.co.uk
Japanese knotweed nuisance in the light of Waistell and Smith v Line – Hardwicke Chambers
‘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.’
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
‘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.’
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
‘The noisy neighbours of a banker must pay her £100,000 in compensation because their floors had no carpet, a judge has ruled.’
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
‘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.’
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
‘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.’
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
‘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.’
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
‘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.’
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.’
Legal Voice, 23rd June 2017
Source: www.legalvoice.org.uk
Nuisance marketing company that made 100m cold calls receives record fine – Legal Futures
‘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.’
Legal Futures, 11th May 2017
Source: www.legalfutures.co.uk
Nuisance call firm Keurboom hit with record fine – BBC News
‘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.’
BBC News, 11th May 2017
Source: www.bbc.co.uk
Aarhus Convention update: Government still ignoring private nuisance claims – UK Human Rights Blog
‘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.’
UK Human Rights Blog, 26th January 2017
Source: www.ukhumanrightsblog.com
£2 million legal battle over damage from sticky lime sap – Daily Telegraph
‘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.’
Daily Telegraph, 3rd December 2016
Source: www.telegraph.co.uk
