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

Dobson v Thames Water Utilities Ltd – WLR Daily

Posted March 2nd, 2009 in damages, law reports, nuisance, utilities by sally

Dobson v Thames Water Utilities Ltd [2009] EWCA Civ 28; [2009] WLR (D) 70

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 was relevant. An award would normally constitute just satisfaction to the occupier and no further compensation was due under s 8 of the Human Rights Act 1998.”

WLR Daily, 27th February 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

 


Skating pensioner fined by court – BBC News

Posted February 24th, 2009 in byelaws, news, nuisance by sally

“A rollerblading pensioner has been fined £300 after he was filmed skating along a street in Southport.”

Full story

BBC News, 24th February 2009

Source: www.bbc.co.uk

Jail sentence for nuisance caller – BBC News

Posted October 9th, 2008 in assault, news, nuisance, sentencing, telecommunications by sally

“A man who made more than a 100 abusive and threatening calls mainly to women has been jailed for four years.”

Full story

BBC News, 9th October 2008

Source: www.bbc.co.uk

Repeat loo flusher faces eviction – BBC News

Posted August 13th, 2008 in news, noise, nuisance by sally

“A council tenant faces being evicted from her home after repeatedly flushing the toilet during the night.”

Full story

BBC News, 13th August 2008

Source: www.bbc.co.uk

Corby Group Litigation v Corby Borough Council – Times Law Reports

Posted May 28th, 2008 in damages, law reports, nuisance, personal injuries by sally

Corby Group Litigation v Corby Borough Council

Court of Appeal

“The House of Lords had neither expressly nor impliedly reversed the long-standing principle that damages for personal injury could be claimed in the tort of public nuisance.”

The Times, 28th May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Corby Group Litigation v Corby Borough Council – WLR Daily

Posted May 12th, 2008 in damages, law reports, nuisance, personal injuries by sally

Corby Group Litigation v Corby Borough Council [2008] EWCA Civ 463; [2008] WLR (D) 144

“Damages for personal injury were recoverable in the tort of public nuisance.”

WLR Daily, 10th May 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

‘Snob yob’ parents could be prosecuted – Daily Telegraph

Posted April 17th, 2008 in children, news, nuisance, parental responsibility by sally

“Parents of public school pupils who let their children cause trouble in a Cornish resort that has become notorious for wild summer parties could face prosecution.”

Full story

The Daily Telegraph, 17th April 2008

Source: www.telegraph.co.uk