Cardiff v Lee: Permission needed to enforce a suspended possession order – Hardwicke Chambers

‘Last week, the Court of Appeal handed down judgment in the case of Cardiff County Council v Lee (Flowers) [2016] EWCA Civ 1034, confirming that all landlords, whether social or private, are required to seek the permission of the County Court under CPR r83.2 in order to obtain a warrant of possession for breach of a suspended possession order.’

Full story

Hardwicke Chambers, 26th November 2016

Source: www.hardwicke.co.uk

Airbnb – a wonderful idea or is it? – Tanfield Chambers

Posted November 9th, 2016 in covenants, hotels, landlord & tenant, leases, mortgages, news, nuisance by sally

‘Airbnb seems like a wonderful idea. You can rent out your flat whenever convenient without having to become a full-time landlord or hotelier. It’s an easy way to earn a little extra cash with the added bonus of a world-wide network of other people’s spare rooms available for that well-deserved weekend break. Airbnb now has 60m users, 640,000 “hosts”, 2m listings and 500,000 stays per night. It’s big!’

Full story

Tanfield Chambers, 22nd October 2016

Source: www.tanfieldchambers.co.uk

Council right to seek injunction against vegetable processing plant: judge – Local Government Lawyer

Posted November 8th, 2016 in costs, injunctions, local government, news, nuisance, pollution by sally

‘It was reasonable for a council to apply for an interim injunction against a company over allegations of a bad odour from its vegetable processing plant, a High Court judge has ruled.’

Full story

Local Government Lawyer, 3rd November 2016

Source: www.localgovernmentlawyer.co.uk

A non-binary outcome – Nearly Legal

‘This is a cautionary tale for DJs and DDJs hearing Equality Act defences. In Birmingham CC v Stephenson [2016] EWCA Civ 1029 (not on Bailii yet, but we have seen a transcript), the Court of Appeal considered whether a possession order granted in respect of an introductory tenancy was wrongly granted where an Akerman-Livingstone Equality Act style defence was raised (alongside an Article 8 defence). Mr Stephenson had been responsible for noise nuisance from his (uncarpeted) flat. He suffers from paranoid schizophrenia, the symptoms of which are alleviated but not completely cured by medication.’

Full story

Nearly Legal, 1st November 2016

Source: www.nearlylegal.co.uk

Judge jails ‘childish’ man who brought M1 to standstill because of grudge with police – Daily Telegraph

Posted August 1st, 2016 in child abuse, complaints, guilty pleas, news, nuisance, police, roads, sentencing by Mark L

‘A “childish” man who cost the economy £28 million when he brought the M1 to a standstill for 28 hours has been jailed for two years after he caused hundreds of holidaymakers to miss their flights.’

Full story

Daily Telegraph, 29th July 2016

Source: www.telegraph.co.uk

Nuisance caller cost the taxpayer £78,000 by making 408 calls to the ambulance service in two years – Daily Telegraph

Posted July 28th, 2016 in assault, emergency services, health, news, nuisance, sentencing, Wales by tracey

‘A woman who cost the taxpayer £78,000 by phoning ambulance service more than 400 times in two years has been jailed.’

Full story

Daily Telegraph, 28th July 2016

Source: www.telegraph.co.uk

Crazy little thing called proportionality causes hammer to fall on Queen guitarist’s costs – Litigation Futures

‘Lawyers should tell clients in cases where costs significantly exceed damages that the new test of proportionality means they will receive “no more than a contribution” to those costs if they are successful, a costs judge has said.’

Full story

Litigation Futures, 17th June 2016

Source: www.litigationfutures.com

Watchdog demands more powers to stop cold-calling kingpins from dodging fines – Daily Telegraph

‘Cold call kings behind millions of nuisance calls are getting away with it because the Government has refused to hold them personally liable, the departing Information Commissioner has told The Telegraph. Christopher Graham, in his final interview before stepping down, said he had repeatedly pressed ministers to give him the power to pursue the directors of cold-calling companies – but his pleas had been ignored.’

Full story

Daily Telegraph, 18th June 2016

Source: www.telegraph.co.uk

Money down the drain – Nearly Legal

Posted May 25th, 2016 in costs, easements, housing, local government, news, nuisance, waste, water by sally

‘Nuisance cases are tricky. There is a lot to establish for causation, for liability and for loss. This case is perhaps a cautionary tale about the need to be constantly alert to changes in the facts and expert opinion as they emerge over the course of the case. It is also an object example of litigation between neighbours that got completely, astonishingly, out of hand in relation to the initial objectives.’

Full story

Nearly Legal, 25th May 2016

Source: www.nearlylegal.co.uk

13 ways you might be accidentally breaking the law, according to lawyers – The Independent

‘Various ways in which people may inadvertently break the laws of the UK while at home have been listed by lawyers.’

Full story

The Independent, 10th May 2016

Source: www.independent.co.uk

The Curious Incident of the Dog in the Night-Time – Nearly Legal

Posted March 22nd, 2016 in appeals, dogs, families, landlord & tenant, news, nuisance by sally

‘Neighbour nuisance. These are often difficult and indeed expensive cases. And always there are those affected who believe that a landlord is liable for their tenant’s nuisance (which they just aren’t, save for the extremely rare case in which the landlord has participated in or, by letting the property authorised their tenant’s nuisance – Lawrence v. Fen Tigers Ltd (No. 2) [2014] UKSC 46, [2015] AC 106,).’

Full story

Nearly Legal, 20th March 2016

Source: www.nearlylegal.co.uk

Nuisance calls by ‘ambulance chasers’ soar despite attempts at crackdown – Daily Telegraph

‘One in five people receives an unsolicited, nuisance call every day in a practice fuelled by “ambulance-chasing lawyers,” a report has warned. The compensation culture, which is driven by claims management companies, has soared, despite government attempts to crack down on the practice.’

Full story

Daily Telegraph, 21st March 2016

Source: www.telegraph.co.uk

Couple wins battle over ‘excruciating’ helicopter noise that put Tess Daly off buying their home – Daily Telegraph

Posted March 18th, 2016 in aircraft, damages, injunctions, news, noise, nuisance by tracey

‘A wealthy couple who said “shattering” helicopter noise stymied their hopes of selling their £4m home to Strictly Come Dancing presenter Tess Daly have scored a landmark High Court victory.’

Full story

Daily Telegraph, 17th March 2016

Source: www.telegraph.co.uk

Cocking and another v Eacott and another – WLR Daily

Posted March 15th, 2016 in appeals, families, landlord & tenant, law reports, nuisance by sally

Cocking and another v Eacott and another [2016] EWCA Civ 140

‘The second defendant owned but did not occupy a property. She granted the first defendant, her daughter, a bare licence to live there. The second defendant paid all the bills and maintained the property and her daughter did not pay any rent. The claimant owners of the next door property complained about the excessive barking of the daughter’s dog. The claimants wrote a letter before action to which the second defendant responded that a landlord was not liable for nuisance committed by a tenant, that she was not personally involved in the alleged incidents and that she was estranged from her daughter. The claimants issued proceedings against the second defendant and her daughter for nuisance. The second defendant served a notice to quit on her daughter and obtained a possession order which she did not enforce. The second defendant did not accept the claimants’ offer of a settlement if she permanently evicted her daughter from the property. The judge held that the second defendant was liable in nuisance to the claimants even though she did not occupy the property from which the nuisance emanated, concluding that liability attached once the owner knew or was deemed to know of the nuisance and had failed after a reasonable time to abate it and therefore if the owner chose to do nothing then she became liable for it with the actual creator of the nuisance.’

WLR Daily, 9th March 2016

Source: www.iclr.co.uk

Couple lose £4,000 legal battle with neighbour over ‘noisy’ pond – Daily Telegraph

Posted February 17th, 2016 in complaints, costs, news, noise, nuisance by michael

‘A couple have lost a costly legal battle with their neighbour over claims his garden pond is too noisy. ‘

Full story

Daily Telegraph, 17 February 2016

Source: www.telegraph.co.uk

Owners of dog which barked 43 times a minute fined – Daily Telegraph

Posted September 4th, 2015 in dogs, fines, news, noise, nuisance by sally

‘The owners of a dog which barked 43 times a minute for 20 minutes have been fined.’

Full story

Daily Telegraph, 3rd September 2015

Source: www.telegraph.co.uk

Nuisance call blocking firm fined £50,000… for nuisance calling – The Independent

Posted August 12th, 2015 in complaints, fines, news, nuisance, telecommunications by sally

‘A company which offered a nuisance call blocking service has been been fined £50,000 for making “bullying” phone calls.’

Full story

The Independent, 11th August 2015

Source: www.independent.co.uk

Neighbours from hell: Damages for residual diminution in value – New Square Chambers

Posted July 28th, 2015 in appeals, damages, harassment, news, nuisance, trespass, valuation by sally

‘The recent decision of the Court of Appeal in Raymond v Young [2015] EWCA Civ 456 concerned the principles to be applied when considering what damages to award to property owners who were the victims of shocking harassment, trespass and nuisance conducted by their neighbours over a period of several years.’

Full story

New Square Chambers, 26th May 2015

Source: www.newsquarechambers.co.uk

Codifying public nuisance and outraging public decency – Law Commission

Posted July 3rd, 2015 in nuisance, outraging public decency, press releases, reports by tracey

‘In our latest report, we recommend reforms to the common law offences of public nuisance and outraging public decency.’

Full press release

Law Commission, 24th June 2015

Source: www.lawcommission.justice.gov.uk

More fines for unsolicited calls or texts likely, says ICO, as new rules come into force – OUT-LAW.com

‘Changes to the rules governing when the Information Commissioner’s Office (ICO) can fine companies for making unsolicited telephone calls or sending unsolicited text messages will help the UK’s privacy watchdog to “make more fines stick”, it has said.’

Full story

OUT-LAW.com, 7th April 2015

Source: www.out-law.com