Mayor of London’s decision to reject plan for Las Vegas-style giant sphere to be reviewed – The Independent

Posted December 4th, 2023 in government departments, housing, local government, London, news, nuisance, planning by tracey

‘London Mayor Sadiq Khan‘s decision to reject planning permission for a huge Las Vegas-style entertainment venue is to be reviewed by ministers. The housing secretary Michael Gove has opted to use his powers to “call in” the rejection of the 21,000-capacity, 300ft-tall MSG sphere to decide whether it should stand.’

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The Independent, 3rd December 2023

Source: www.independent.co.uk

A knotty problem: Churchill v Merthyr Tydfil Council – Local Government Lawyer

‘The Court of Appeal has handed down its ruling in a test case on compulsory ADR. Elizabeth England analyses the judgment.’

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Local Government Lawyer, 29th November 2023

Source: www.localgovernmentlawyer.co.uk

Explaining Churchill v Merthyr Tydfil County – Local Government Lawyer

Posted November 13th, 2023 in appeals, damages, housing, local government, news, nuisance by tracey

‘Elizabeth England, of Five Paper Chambers, runs through the key points of the latest Court of Appeal Japanese Knotweed case.’

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Local Government Lawyer, 10th November 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal to conclude hearing on compulsory ADR – Legal Futures

Posted November 10th, 2023 in appeals, damages, dispute resolution, housing, local government, news, nuisance by tracey

‘The Court of Appeal will today conclude a three-day hearing on whether the courts can stay proceedings and require parties to engage in ADR as a condition of being able to continue their claims.’

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Legal Futures, 10th November 2023

Source: www.legalfutures.co.uk

Just Stop Oil pair jailed over bridge protest lose Supreme Court appeal bid – The Independent

Posted October 12th, 2023 in appeals, demonstrations, news, nuisance, road traffic, sentencing, Supreme Court by sally

‘Two Just Stop Oil protesters jailed after scaling a bridge at the Dartford Crossing have lost a bid to challenge their sentences at the Supreme Court.’

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The Independent, 11th October 2023

Source: www.independent.co.uk

Animal Rising activist given suspended sentence for Derby course invasion – The Guardian

‘Ben Newman, a member of the activist group Animal Rising who ran on to the course at Epsom shortly after the start of the Derby, was sentenced to two months’ imprisonment, suspended for 18 months, for contempt of court on Wednesday after he admitted breaching an injunction granted to the Jockey Club in May to prevent disruption at the Derby meeting.;

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The Guardian, 11th October 2023

Source: www.theguardian.com

King’s Coronation: 21 people arrested face no further action, Met says – BBC News

Posted October 6th, 2023 in demonstrations, news, nuisance, police, public order, royal family by michael

‘Some 21 people who were arrested at the King’s Coronation will face no further action, the Met Police has said.’

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BBC News, 5th October 2023

Source: www.bbc.co.uk

Supreme Court spells out the limitations of nuisance – 4KBW

‘Georgia Whiting and Chris Bryden of 4 King’s Bench Walk report on a Supreme Court ruling on a major oil spill.’

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4KBW, 13th July 2023

Source: www.4kbw.co.uk

Just Stop Oil protesters have appeals blocked over Dartford crossing sentences – The Guardian

Posted August 1st, 2023 in appeals, demonstrations, environmental protection, news, nuisance, roads, sentencing by sally

‘Two Just Stop Oil protesters who scaled the bridge at the Dartford crossing, closing it to traffic for more than a day and a half, have been refused permission to appeal against their sentences.’

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The Guardian, 31st July 2023

Source: www.theguardian.com

Research Briefing: Alcohol licensing: how to object to a licence – House of Commons Library

‘This Briefing looks at how people can object to alcohol licences in England and Wales.’

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House of Commons Library , 4th July 2023

Source: commonslibrary.parliament.uk

Supreme Court to hear appeal of ruling that council must pay Japanese knotweed damages – Local Government Lawyer

Posted June 26th, 2023 in appeals, damages, housing, local government, news, nuisance, Supreme Court by tracey

‘The Supreme Court has granted permission to appeal the decision in Davies v Bridgend County Borough Council [2023] EWCA Civ 80, which overturned lower court rulings that found diminution in value in Japanese knotweed cases was irrecoverable economic loss and ordered the council to pay damages to a property owner.’

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Local Government Lawyer, 23rd June 2023

Source: www.localgovernmentlawyer.co.uk

Curbing protest disruption – Law Society’s Gazette

‘As many will have seen in the media, environmental activist group Insulate Britain (IB) has carried out London protests in a manner deliberately designed to cause serious disruption. These protest tactics have included activists deliberately blocking highways by sitting down in the road, and often gluing themselves to its surface and/or locking themselves to each other to make their removal more time-consuming. IB has repeatedly stated that these protests will continue until its demands are met.’

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Law Society's Gazette, 16th June 2023

Source: www.lawgazette.co.uk

Activists who blocked road to stop UK deportation flight to Jamaica acquitted – The Guardian

Posted June 14th, 2023 in demonstrations, deportation, immigration, Jamaica, news, nuisance, roads by sally

‘Three activists who lay on a road outside an immigration detention centre to prevent people being put on a Home Office deportation flight to Jamaica have been cleared by a jury of charges of causing a public nuisance.’

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The Guardian, 13th June 2023

Source: www.theguardian.com

UK Supreme Court clarifies law on ‘continuing nuisance’ – OUT-LAW.com

Posted May 17th, 2023 in appeals, environmental health, news, nuisance, Supreme Court, time limits by sally

‘A ruling by the UK Supreme Court provides some clarifications on when the law of nuisance can be relied upon for raising environmental claims, but it has also left open some important questions, experts have said.’

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OUT-LAW.com, 16th May 2023

Source: www.pinsentmasons.com

New Judgment: Jalla and another v Shell International Trading and Shipping Company and another [2023] UKSC 16 – UKSC Blog

Posted May 11th, 2023 in limitations, news, nuisance, shipping law, Supreme Court by sally

‘This appeal concerns the tort of private nuisance (a civil wrong) in the context of a major oil spill. The question at issue is whether there is a continuing private nuisance and hence a continuing cause of action. This is an important question because it affects when the limitation period for the bringing of claims (which in English law for torts is normally six years) starts to run.’

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UKSC Blog, 10th May 2023

Source: ukscblog.com

Snoring is not ASB, not even in Lambeth – Nearly Legal

Posted May 2nd, 2023 in anti-social behaviour, injunctions, news, noise, nuisance by tracey

‘LB Lambeth v Fanfair, County Court at Clerkenwell & Shoreditch, 14 February 2023. Our grateful thanks to Angharad Monk of Garden Court for this note of LB Lambeth’s claim for an injunction against Ms Fanfair under Part 1 Anti-Social Behaviour, Crime and Policing Act 2014, and the much delayed (if surely inevitable) strike out of the claim. A county court decision, but worthy of note here not just for the flimsy and inadequate evidence on which Lambeth initiated and pursued proceedings, but also for the way they continued to pursue proceedings for the best part of a year, despite breaching directions and despite the evidence of their own expert. Lambeth not turning up to the final hearing was perhaps a fitting dénouement. Anyway, the upshot is that ordinary noise is not ASB, and lack of sound insulation does not make ordinary use into a nuisance.’

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Nearly Legal, 1st May 2023

Source: nearlylegal.co.uk

New police powers to tackle slow-walking protests – BBC News

‘Police in England and Wales are to be given new powers to tackle “disruptive” slow walking used by protesters to block roads.’

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BBC News, 28th April 2023

Source: www.bbc.co.uk

One jailed and three others fined over Insulate Britain roadblock protest – The Guardian

‘One protester has been jailed for five weeks and three others given fines and community service for their part in a protest to demand government action on insulation.’

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The Guardian, 20th April 2023

Source: www.theguardian.com

Living in a zoo – the Supreme Court’s decision in Fearn v Trustees of the Tate Gallery [2023] UKSC 4 – Exchange Chambers

Posted April 14th, 2023 in appeals, chambers articles, housing, news, nuisance, Supreme Court by sally

‘A few yards from the Tate Modern lies the Neo-Bankside block. It contains glass fronted flats constructed not long before the gallery’s viewing platform (known as the Blatvanik Building) opened. The trial took place in 2019, shortly before coronavirus struck in 2020 ([2019] EWHC 246) and took an inordinately long time to get to the Supreme Court.’

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Exchange Chambers, 23rd March 2023

Source: www.exchangechambers.co.uk

The use of the new statutory public nuisance offence to prosecute political and environmental protest – Doughty Street Chambers

‘On 28 June 2022, section 78 of the Police, Crime, Sentencing and Courts Act 2022 (‘the PCSCA’) came into force. Following a recommendation by the Law Commission, the new statutory offence of intentionally or recklessly causing public nuisance codified and abolished the old offence of common law public nuisance.’

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Doughty Street Chambers, 15th March 2023

Source: insights.doughtystreet.co.uk