Category: nuisance

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

Source: www.iclr.co.uk

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

Source: www.telegraph.co.uk

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.”

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The Guardian, 8th July 2013

Source: www.guardian.co.uk

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

Source: www.bbc.co.uk

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

Posted April 5th, 2013 in appeals, construction industry, housing, law reports, nuisance, sewerage, water companies by sally

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

Source: www.iclr.co.uk

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

Posted January 30th, 2013 in anti-social behaviour, 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.”

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Daily Telegraph, 29th January 2013

Source: www.telegraph.co.uk

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

Source: www.iclr.co.uk

ASB and Possession – NearlyLegal

Posted December 17th, 2012 in affray, ASBOs, landlord & tenant, local government, mental health, news, nuisance, repossession, weapons by sally

“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.”

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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?”

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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.”

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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.”

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UK Human Rights Blog, 27th March 2012

Source: www.ukhumanrightsblog.com

Environmental and planning law newsletter – Thirty Nine Essex Street

Posted March 22nd, 2012 in civil procedure rules, consultations, energy, environmental protection, news, nuisance, planning, waste by sally

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.”

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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.”

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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.”

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The Independent, 30th January 2012

Source: www.independent.co.uk