‘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.’
OUT-LAW.com, 16th May 2023
Source: www.pinsentmasons.com
‘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.’
UKSC Blog, 10th May 2023
Source: ukscblog.com
‘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.’
Nearly Legal, 1st May 2023
Source: nearlylegal.co.uk
‘Police in England and Wales are to be given new powers to tackle “disruptive” slow walking used by protesters to block roads.’
BBC News, 28th April 2023
Source: www.bbc.co.uk
‘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.’
The Guardian, 20th April 2023
Source: www.theguardian.com
‘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.’
Exchange Chambers, 23rd March 2023
Source: www.exchangechambers.co.uk
‘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.’
Doughty Street Chambers, 15th March 2023
Source: insights.doughtystreet.co.uk
‘The recent Supreme Court decision of Fearn v Board of Trustees of the Tate Gallery [2023] will, no doubt, become the leading case in relation to the law on private nuisance, and one might, understandably, overlook the case in terms of what it said about human rights. The Supreme Court said that Article 8, the right to respect for private and family life, was an “unnecessary complication and distraction in this case”.’
Mills & Reeve, 6th April 2023
Source: www.mills-reeve.com
‘Gordon Wignall explores a nuisance case in the Supreme Court about the Tate Modern and Richard Roger’s glass dwellers’ lack of privacy.’
Solicitors' Journal, 27th March 2023
Source: www.solicitorsjournal.com
‘2023 has already been a landmark year for nuisance, with the Supreme Court handing down its controversial decision in Fearn v Tate Gallery (as discussed on this blog). The good news for those with a particular interest in the bothersome behaviour of neighbours is that Fearn is only the start.’
UK Human Rights Blog, 24th March 2023
Source: ukhumanrightsblog.com
‘An Insulate Britain protester has been jailed for five weeks for obstructing the motorway, causing huge disruption.’
BBC News, 13th March 2023
Source: www.bbc.co.uk
‘Restrictions placed on non-violent climate protesters who have been tried in criminal courts were part of a “deeply concerning” “pincer movement” narrowing their rights to free expression, leading lawyers have told the Guardian.’
The Guardian, 8th March 2023
Source: www.theguardian.com
‘Four climate activists who blockaded a street in London in a campaign to press the government to insulate homes have been found guilty of public nuisance.’
The Guardian, 6th March 2023
Source: www.theguardian.com
‘Three climate protesters who stopped traffic to bring rush hour chaos to the City of London face a possible retrial.’
The Guardian, 2nd March 2023
Source: www.theguardian.com
‘Three Insulate Britain activists have been found guilty of causing a public nuisance by a jury for a two-hour sit-down blockade of traffic.’
The Guardian, 13th February 2023
Source: www.theguardian.com
‘Anjali Patel looks at the lessons to be learned from the Supreme Court’s ruling in the Tate Modern viewing platform dispute.’
Local Government Lawyer, 10th February 2023
Source: www.localgovernmentlawyer.co.uk
‘An environmental activist has been jailed for eight weeks after disobeying a judge’s instruction not to mention the climate crisis as his motivation during his trial for taking part in a road-blocking protest.’
The Guardian, 7th February 2023
Source: www.theguardian.com
‘The Supreme Court’s ruling in a nuisance dispute involving a viewing platform at the Tate Modern gallery in London could “open a new front of litigation”, according to two legal experts.’
OUT-LAW.com, 6th February 2023
Source: www.pinsentmasons.com
‘A land owner has won a legal fight after complaining about Japanese knotweed encroaching from council land.’
BBC News, 5th February 2023
Source: www.bbc.co.uk
‘A review into the actions of a police force during a Just Stop Oil protest on the M25 has concluded the arrests of journalists “were not justified”.’
BBC News, 23rd November 2022
Source: www.bbc.co.uk
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