EPA prosecution costs – Nearly Legal
‘A judicial review of a Magistrates Court decision on costs in a section 82 Environmental Protection Act 1990 prosecution.’
Nearly Legal, 18th April 2022
Source: nearlylegal.co.uk
Category: nuisance
Solicitors and expert’s “serious trangressions” see evidence thrown out – Legal Futures
‘A High Court master has revoked permission for the claimants in a group action to rely on an expert’s evidence because of “serious transgressions” by him and the group’s solicitors.’
Legal Futures, 8th March 2022
Source: www.legalfutures.co.uk
‘The present proceedings should never have been brought.’ ASB and disability discrimination. – Nearly Legal
‘Rosebery Housing Association Ltd v Williams & Anor (2021) EW Misc 22 (CC). Applications for injunctions under Part 1 of ASBCPA 2014 seem to be all the rage at moment, so it is refreshing to read the judgment in Rosebery Housing Association v Williams which was handed down by HHJ Luba QC late last year. The judgment provides a helpful list of what-not-to-do in situations where there are allegations of anti-social behaviour levelled at a disabled tenant, particularly where the tenant has made serious allegations of her own.’
Nearly Legal, 16th January 2022
Source: nearlylegal.co.uk
Owners of flats near Tate Modern take privacy case to supreme court – The Guardian
‘On one side is Tate Modern. On the other are the owners of nearby luxury apartments objecting to what they regard as the prying eyes of visitors enjoying a viewing platform at Britain’s most visited gallery.’
The Guardian, 6th December 2021
Source: www.theguardian.com
Is Your Video Doorbell Invading Your Neighbour’s Privacy? – Becket Chambers
‘In this article I consider the recent County Court judgment in Fairhurst v Woodard in respect of a claim in harassment, nuisance and breach of the Data Protection Act 2018 arising from the Defendant’s use of CCTV and a Ring doorbell.’
Becket Chambers, 21st October 2021
Source: becket-chambers.co.uk
No case to answer: prosecution under s. 82 Environmental Protection Act 1990 dismissed – Local Government Lawyer
‘Sarah Salmon reports on how a social landlord successfully defended a private prosecution brought by an occupier of one of its properties under section 82 of the Environmental Protection Act 1990.’
Local Government Lawyer, 1st October 2021
Source: www.localgovernmentlawyer.co.uk
Council fails in bid for final injunction prohibiting defendants from anti-social behaviour in any public space in borough – Local Government Lawyer
‘A High Court judge has rejected an application by the London Borough of Hackney for a final injunction prohibiting a number of defendants until 13 September 2022 from engaging in various activities which were said to constitute anti-social behaviour and/or public nuisance in any public space in the borough.’
Local Government Lawyer, 24th September 2021
Source: www.localgovernmentlawyer.co.uk
Judge issues protest warning as Paralympian jailed for plane stunt – The Guardian
‘A British Paralympic gold medallist has been jailed for a year for glueing himself to the roof of a passenger jet in an Extinction Rebellion protest – the first custodial sentence for any action linked to the group.’
The Guardian, 24th September 2021
Source: www.theguardian.com
Ministers plan legal action to stop Insulate Britain disrupting motorways – The Guardian
‘Priti Patel and Grant Shapps are seeking a court injunction to stop environmental protesters from targeting major motorways after five days of tailbacks and damaging headlines for the government.’
The Guardian, 21st September 2021
Source: www.theguardian.com
XR demands answers on how protests will be policed after Supreme Court defends disruptive demonstrations – The Independent
‘Extinction Rebellion has demanded to know how its upcoming demonstrations will be policed after the Supreme Court ruled that protest can be a “lawful excuse” to block roads under human rights law.’
The Independent, 22nd August 2021
Source: www.independent.co.uk
Council bans ice cream van from street following chime complaints – Local Government Lawyer
‘An ice-cream van operator has been banned from operating on an East Suffolk Council street over a complaint that one of its vehicles sounded its chimes for too long.’
Local Government Lawyer, 20th August 2021
Source: www.localgovernmentlawyer.co.uk
Not so full and frank disclosure – Nearly Legal
‘The facts of the case followed an all too familiar format. There was a neighbour dispute between Mr Berry and two of his neighbours. Serious allegations were being made on both sides. Complaints had been made to Southern Housing Group Ltd and to the police. The police were investigating both Mr Berry and his neighbours in relation to threatening behaviour. There was evidence that both Mr Berry and his neighbour had mental health difficulties, which were being seriously exacerbated by the ongoing dispute.’
Nearly Legal, 27th July 2021
Source: nearlylegal.co.uk
Extinction Rebellion: Paralympian James Brown guilty over plane stunt – BBC News
‘A former Paralympian who glued himself to the roof of a plane has been found guilty of causing a public nuisance.’
BBC News, 29th July 2021
Source: www.bbc.co.uk
The Tort of Nuisance – Overlook it at Your Peril – 4 King’s Bench Walk
‘In this month’s Construction Law 4KBW’s Chris Bryden (2003) and Georgia Whiting (2011) examine the tort of private nuisance, a complex area which they warn has the potential to affect construction professionals in far-reaching (and evolving) ways.’
4 King's Bench Walk, 3rd June 2021
Source: www.4kbw.co.uk
Legal issues relating to trees – New Square Chambers
‘Trees can provoke a surprising number of legal disputes which frequently lead to either civil or even criminal litigation.’
New Square Chambers, 1st February 2021
Source: www.newsquarechambers.co.uk
Nightmare Neighbours – What Actions Can Be Taken Against Them? – Becket Chambers
‘Some of us are unfortunate enough to encounter nightmare neighbours who negatively impact our day-to-day life to varying degrees. This article seeks to explore the options available to clients who need to take further steps to resolve their neighbour disputes.’
Becket Chambers, 5th January 2021
Source: becket-chambers.co.uk
Marketing company fined £250k for personal injury nuisance calls – Legal Futures
‘The Information Commissioner’s Office (ICO) has fined a marketing company £250,000 for making over 365,000 nuisance calls asking people about accidents and pretending to be from their insurer.’
Legal Futures, 17th December 2020
Source: www.legalfutures.co.uk
And he’s not there… – Nearly Legal
‘A breach of lease case in the Upper Tribunal which, despite the names, appears to be between two unrelated people. So I shall call them L – the leaseholder – and F – the freeholder – to avoid multiple Gibbins related confusion.’
Nearly Legal, 13th December 2020
Source: nearlylegal.co.uk
Judge gives reasons for granting interim injunction prohibiting anti-HS2 protesters from overnight sleeping and other acts on council land next to construction site – Local Government Lawyer
‘A High Court judge has issued his reasons for last month granting Hillingdon Council a limited interim injunction preventing a number of named defendants and persons unknown from doing certain acts on land at Harefield Moor owned by the council and adjoining the site of construction works for part of the HS2 railway line.’
Local Government Lawyer, 5th August 2020
Source: www.localgovernmentlawyer.co.uk
