ASB and Possession – NearlyLegal

“Birmingham CC v Ashton is a case which illustrates the difficulty that judges face when they are invited to make possession orders on the grounds of nuisance and anti-social behaviour against tenants with mental health problems.”

Full story

NearlyLegal, 16th December 2012

Source: www.nearlylegal.co.uk

Boat race saboteur Trenton Oldfield guilty of public nuisance – The Independent

Posted September 26th, 2012 in demonstrations, news, nuisance, public order, sport by sally

“A protester who disrupted this year’s Boat Race by swimming into the path of the crews was found guilty today of causing a public nuisance.”

Full story

The Independent, 26th September 2012

Source: www.independent.co.uk

Urinating in lay-by is acceptable, rules judge – Daily Telegraph

Posted July 20th, 2012 in injunctions, news, nuisance, roads by tracey

“John Pusey and his wife Cherry spent 10 years trying to stop passing motorists using the bottom of their garden as a public convenience. But while the high court agreed it was annoying – the judges ruled the ‘comfort breaks’ did not amount to a ‘nuisance.’  They rejected the couple’s claim to close down the lay-by by the side of the road, leaving them with a six figure legal bill.”

Full story

Daily Telegraph, 19th July 2012

Source: www.telegraph.co.uk

Is urinating in public ever acceptable? – BBC News

Posted May 15th, 2012 in news, nuisance, outraging public decency by sally

“A court ruling has cast doubt on whether urinating in public is a nuisance – as long as no-one sees. So is it really ever acceptable?”

Full story

BBC News, 15th May 2012

Source: www.bbc.co.uk

OAP given Asbo for playing her radio too loud – The Independent

Posted April 10th, 2012 in ASBOs, elderly, news, noise, nuisance by sally

“An 87-year-old woman has been given an interim anti-social behaviour order (Asbo) for playing her radio too loud and banging her walking stick on the wall, a council confirmed today.”

Full story

The Independent, 10th April 2012

Source: www.independent.co.uk

A robust restatement of the principles of nuisance – UK Human Rights Blog

Posted March 28th, 2012 in appeals, news, nuisance, waste by sally

“The reverse suffered by the claimants in the noisy motor racing case case before the Court of Appeal last month was something of a body blow to common lawyers and environmentalists. So this latest development in nuisance litigation should be welcome news.”

Full story

UK Human Rights Blog, 27th March 2012

Source: www.ukhumanrightsblog.com

Environmental and planning law newsletter – Thirty Nine Essex Street

Environmental and planning law newsletter (PDF)

Thirty Nine Essex Street, March 2012

Source: www.39essex.com

Barr and others v Biffa Waste Services Ltd – WLR Daily

Posted March 21st, 2012 in appeals, law reports, nuisance, waste by sally

Barr and others v Biffa Waste Services Ltd [2012] EWCA Civ 312; [2012] WLR (D) 86

“Conventional principles of the law of nuisance were to be applied to a claim based on nuisance by smell from a waste tip operated pursuant to a waste management permit. The fact that the alleged interference did not breach the permit nor amounted to negligence did not mean that the user had to be deemed ‘reasonable’.”

WLR Daily, 19th March 2012

Source: www.iclr.co.uk

The game changed back: Barr v. Biffa reversed – UK Human Rights Blog

Posted March 20th, 2012 in appeals, defences, negligence, news, nuisance, waste by sally

“For the last year or so, the law of nuisance has been in a state of flux pending this appeal. In this case about an odorous landfill, Coulson J had ruled that compliance with the waste permit amounted to a defence to a claim in nuisance, and that a claimant had to prove negligence in the operation of the landfill before he could claim in nuisance. The Court of Appeal has today reversed this decision.”

Full story

UK Human Rights Blog, 19th March 2012

Source: www.ukhumanrightsblog.com

‘Carpets not legal action’ to solve neighbour dispute – BBC News

Posted March 19th, 2012 in appeals, costs, dispute resolution, news, noise, nuisance by sally

“A £140,000 court case could have been avoided with ‘a moderate degree of carpeting’, a senior judge has said.”

Full story

BBC News, 16th March 2012

Source: www.bbc.co.uk

Couple sue over neighbour’s noisy wooden floor – Daily Telegraph

Posted March 2nd, 2012 in news, noise, nuisance by tracey

“A couple yesterday launched legal action claiming their lives had been made hell by the clicking of heels on the hard floor of the £5m apartment above their West London flat.”

Full story

Daily Telegraph, 2nd March 2012

Source: www.telegraph.co.uk

Lawrence and another v Fen Tigers Ltd (in liquidation) and others – WLR Daily

Posted March 1st, 2012 in appeals, law reports, noise, nuisance, planning, sport by tracey

Lawrence and another v Fen Tigers Ltd (in liquidation) and others: [2012] EWCA Civ 26;  [2012] WLR (D)  49

“If the character of a locality had been changed as a consequence of planning permission having been granted and implemented, then the question whether particular activities in that locality constituted a nuisance should be decided against the background of its changed character. One consequence might be that otherwise offensive activities in that locality would cease to constitute a nuisance.”

WLR Daily, 27th February 2012

Source: www.iclr.co.uk

Theresa May outlines plans to deal with anti-social behaviour – The Independent

Posted January 30th, 2012 in local government, news, nuisance, police by sally

“Plans to give communities tougher protection from anti-social behaviour will be piloted in the summer, the Home Secretary will say today.”

Full story

The Independent, 30th January 2012

Source: www.independent.co.uk

Smells and mosquitoes but no extra damages under the Human Rights Act – UK Human Rights Blog

Posted January 3rd, 2012 in damages, human rights, negligence, news, nuisance, water companies by tracey

“An operator carrying out activities authorised by legislation is immune from common law nuisance liability unless the claimant can prove negligence. Any damages for such a nuisance will constitute ‘sufficient just satisfaction’ for the purpose of the Human Rights Act; even if breach of a Convention right is proved, no further remedy will be available.”

Full story

UK Human Rights Blog, 2nd January 2012

Source: www.ukhumanrightsblog.com

 

Noisy wind farm ‘drove couple out of their home’ – Daily Telegraph

Posted July 4th, 2011 in compensation, injunctions, news, noise, nuisance by sally

“A couple who say they were driven out of their family farm by the ‘nightmare’ hum of wind turbines have mounted a ground-breaking £2.5 million compensation bid in London’s High Court.”

Full story

Daily Telegraph, 4th July 2011

Source: www.telegraph.co.uk

Judges get power to fast-track eviction of nasty neighbours – The Independent

Posted January 11th, 2011 in ASBOs, housing, landlord & tenant, news, nuisance by sally

“Judges are to be given new powers to fast-track the eviction of tenants who harass their neighbours.”

Full story

The Independent, 11th January 2011

Source: www.independent.co.uk

Asbos to be scrapped following review – Daily Telegraph

Posted January 4th, 2011 in ASBOs, news, nuisance by sally

“The Asbo is to be scrapped as part of a major review on tackling anti-social behaviour that will see a return to the common sense policing of yobs, The Daily Telegraph can disclose.”

Full story

Daily Telegraph, 4th January 2011

Source: www.telegraph.co.uk

Noisy sex woman loses appeal bid – BBC News

Posted November 10th, 2009 in news, noise, nuisance by sally

“A woman who was banned from making loud noises during sex has lost an appeal against her conviction.”

Full story

BBC News, 10th November 2009

Source: www.bbc.co.uk

Wife says noisy sex conviction breaches rights – The Independent

Posted November 9th, 2009 in news, noise, nuisance by sally

“A couple’s nightly sex sessions were making their neighbours’ lives’ hell, a court heard today.”

Full story

The Independent, 9th November 2009

Source: www.independent.co.uk

Dobson and Others v Thames Water Utilities Ltd – Times Law Reports

Posted April 3rd, 2009 in damages, law reports, nuisance, utilities by sally

Dobson and Others v Thames Water Utilities Ltd

Court of Appeal

“Where a court was considering an award of damages to an occupier of land for loss of amenity following transitory nuisance, the actual impact on the occupier would be relevant.”

The Times, 3rd April 2009

Source: www.timesonline.co.uk