‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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.’
Hardwicke Chambers, 26th November 2016
Source: www.hardwicke.co.uk
‘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!’
Tanfield Chambers, 22nd October 2016
Source: www.tanfieldchambers.co.uk
‘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.’
Local Government Lawyer, 3rd November 2016
Source: www.localgovernmentlawyer.co.uk
‘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.’
Nearly Legal, 1st November 2016
Source: www.nearlylegal.co.uk
‘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.’
Daily Telegraph, 29th July 2016
Source: www.telegraph.co.uk
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