‘A woman who cost the taxpayer £78,000 by phoning ambulance service more than 400 times in two years has been jailed.’
Daily Telegraph, 28th July 2016
Source: www.telegraph.co.uk
‘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.’
Daily Telegraph, 18th June 2016
Source: www.telegraph.co.uk
‘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.’
Nearly Legal, 25th May 2016
Source: www.nearlylegal.co.uk
‘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,).’
Nearly Legal, 20th March 2016
Source: www.nearlylegal.co.uk
‘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.’
Daily Telegraph, 21st March 2016
Source: www.telegraph.co.uk
‘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.’
Daily Telegraph, 17th March 2016
Source: www.telegraph.co.uk
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
‘A couple have lost a costly legal battle with their neighbour over claims his garden pond is too noisy. ‘
Daily Telegraph, 17 February 2016
Source: www.telegraph.co.uk
‘The owners of a dog which barked 43 times a minute for 20 minutes have been fined.’
Daily Telegraph, 3rd September 2015
Source: www.telegraph.co.uk
‘A company which offered a nuisance call blocking service has been been fined £50,000 for making “bullying” phone calls.’
The Independent, 11th August 2015
Source: www.independent.co.uk
‘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.’
New Square Chambers, 26th May 2015
Source: www.newsquarechambers.co.uk
‘In our latest report, we recommend reforms to the common law offences of public nuisance and outraging public decency.’
Law Commission, 24th June 2015
Source: www.lawcommission.justice.gov.uk
‘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.’
OUT-LAW.com, 7th April 2015
Source: www.out-law.com
‘The spam text message will be familiar to most people. “Our records indicate you had a non-fault accident in the last three years and are in line for receiving compensation. Reply YES for more info. Reply NO to opt out.”’
The Guardian, 6th April 2015
Source: www.guardian.co.uk
‘A law that allows councils in England and Wales to ban certain activities in public is leading to “bizarre new criminal offences”, campaigners say.’
BBC News, 30th March 2015
Source: www.bbc.co.uk
‘A new law that allows councils to ban activities in public spaces is leading to “bizarre new criminal offences”, which could see homeless people, buskers and people who feed pigeons prosecuted.’
The Independent, 30th March 2015
Source: www.independent.co.uk
‘In Home Group v Matrejek [2015] EWHC 441 (QB), the High Court has applied Rule 3.9 of the Civil Procedure Rules and the guidance on applications for relief from sanctions in Denton v TH White Ltd [2014] EWCA Civ 906 (our note here) to a possession claim based on nuisance and anti-social behaviour.’
Nearly Legal, 24th March 2015
Source: www.nearlylegal.co.uk
‘Simpler and more flexible powers introduced by Coalition Government put victims and communities at heart of the response.’
Home Office, 23rd March 2015
Source: www.gov.uk/home-office
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