The Supreme Court reconsiders nuisance and the power to award damages in lieu of an injunction – Henderson Chambers

Posted March 26th, 2014 in appeals, damages, injunctions, news, noise, nuisance, planning, Supreme Court by sally

‘In the case of Coventry and others (Respondents) v Lawrence and another (Appellants) [2014] UKSC 13 the Supreme Court has addressed five key matters which will play an important role in informing future claims for nuisance.’

Full story

Henderson Chambers, 25th March 2014


Council told to pay out £8k+ and instruct barrister over race track noise – Local Government Lawyer

Posted March 14th, 2014 in compensation, local government, news, noise, nuisance, sport by tracey

‘The Local Government Ombudsman has told a local authority to pay out more than £8,000 after residents of a village suffered excess noise for several years from a motor racing track nearby.’

Full story

Local Governemnt Lawyer, 13th March 2014


Supreme Court brings private nuisance into the 21st century – UK Human Rights Blog

Posted March 4th, 2014 in damages, injunctions, news, noise, nuisance, planning, public interest, Supreme Court by sally

‘The law of private nuisance is the way of balancing the rights of neighours, the right to be noisy or smelly, and to be free of noise or smells. Hitherto it is has been explicitly a private law remedy, and has slightly odd rules. But it has been struggling with public interests for some years; are they irrelevant, or can they carry the day for claimant or defendant in a private nuisance claim?’

Full story

UK Human Rights Blog, 3rd March 2014


Coventry and others (Respondents) v Lawrence and another (Appellants) – Supreme Court

Posted March 3rd, 2014 in appeals, damages, injunctions, law reports, noise, nuisance, planning, Supreme Court by sally

Coventry and others (Respondents) v Lawrence and another (Appellants) [2014] UKSC 13 (YouTube)

Supreme Court, 26th February 2014


Lawful noise from speedway track could still be a nuisance to homeowners, Supreme Court rules –

Posted February 28th, 2014 in injunctions, news, noise, nuisance, sport by sally

‘A Suffolk couple who were unaware that they had purchased a house near a speedway stadium were entitled to obtain an injunction against the noise from the site, regardless of the fact that the stadium had been operating for years before they moved in, the Supreme Court has ruled.’

Full story, 27th February 2014


Thank the Lords! – Sovereign Chambers

Posted January 22nd, 2014 in ASBOs, bills, injunctions, news, nuisance, parliament by sally

‘If last Wednesday’s vote in the House of Lords was not a reminder as to why we need a second house to protect us then nothing will be. Many members of the public will not realise just how close this country came to fundamentally damaging the democratic society we live in and abandoning the principle of free speech, whilst simultaneously providing an unwieldy weapon against practically anybody for doing pretty much anything that another person does not like.’

Full story

Sovereign Chambers, 15th January 2014


Vernon Knight Associates v Cornwall County Council – WLR Daily

Posted August 2nd, 2013 in appeals, law reports, local government, negligence, nuisance, repairs, roads by sally

Vernon Knight Associates v Cornwall County Council [2013] EWCA Civ 950; [2013] WLR (D) 329

“A landowner owed a measured duty in both negligence and nuisance to take reasonable steps to prevent natural occurrences on his land from causing damage to neighbouring properties. In determining the content of that duty, the court had to consider what was fair, just and reasonable as between the neighbouring parties, having regard to all the circumstances including the extent of the foreseeable risk, the available preventive measures, the costs of such measures and the parties’ resources.”

WLR Daily, 30th July 2013


Regulators call for unprecedented nuisance call review – Daily Telegraphuk

Posted August 1st, 2013 in complaints, news, nuisance, telecommunications by sally

“An unprecedented review of the agency set up to help households block nuisance calls has been launched by regulators.”

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Daily Telegraph, 31st July 2013


Nuisance calls: stronger powers sought for earlier intervention – The Guardian

Posted July 9th, 2013 in complaints, fines, news, nuisance, recidivists, telecommunications by sally

“As the Information Commissioner’s Office fines Tameside Energy Services £45,000 for unwanted calls, it demands a simplification of the rules around punishment.”

Full story

The Guardian, 8th July 2013


Call centres in BBC Three programme fined £225,000 – BBC News

Posted June 18th, 2013 in complaints, fines, news, nuisance, telecommunications by sally

“Two companies which appear in BBC Three series The Call Centre have been issued with fines related to nuisance calls.”

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BBC News, 18th June 2013


Barratt Homes Ltd v Dŵr Cymru Cyfyngedig (Welsh Water) (No. 2) – WLR Daily

Barratt Homes Ltd v Dŵr Cymru Cyfyngedig (Welsh Water) (No. 2) [2013] EWCA Civ 233 ; [2013] WLR (D) 131

“The breach by a sewerage undertaker of its duty under section 106 of the Water Industry Act 1991 to permit connection of a private sewer to the public sewer did not give rise to a liability in nuisance.”

WLR Daily, 27th March 2013


Children face court action for being ‘annoying’ under new Asbo scheme – Daily Telegraph

Posted January 30th, 2013 in ASBOs, bills, children, civil justice, news, nuisance by sally

“Children could get in trouble with the law simply for being ‘annoying’ under the Home Secretary’s new scheme to replace Asbos, senior police, crime commissioners and councils have warned.”

Full story

Daily Telegraph, 29th January 2013


Thames Water Utilities Ltd v Transport for London – WLR Daily

Posted January 23rd, 2013 in causation, law reports, negligence, nuisance, statutory duty, utilities by sally

Thames Water Utilities Ltd v Transport for London [2013] WLR (D) 15

“On the plain construction of regulation 19 of the Traffic Management Permit Scheme (England) Regulations 2007 a statutory undertaker could not avoid a criminal sanction where a person contracted to act on its behalf to undertake specified works in a specified street did so without a permit.”

WLR Daily, 17th January 2013


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


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


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


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


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


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


Environmental and planning law newsletter – Thirty Nine Essex Street

Environmental and planning law newsletter (PDF)

Thirty Nine Essex Street, March 2012