Teenager who threatened suicide on road prosecuted for third time – The Guardian

‘A teenager with long-term mental health problems has been prosecuted three times in the last nine months after threatening suicide near busy roads.’

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The Guardian, 16th January 2020

Source: www.theguardian.com

“Neighbour From Hell?” – Church Court Chambers

Posted November 28th, 2019 in disclosure, misrepresentation, news, noise, nuisance, sale of land, trespass by sally

Does your neighbour regularly park across your driveway? Have a dog that howls or barks incessantly? Play drum and bass music into the early hours? Have children that make uncontrolled noise or trespass regularly onto your property? Use power tools at anti-social hours at the weekend? Do you have a neighbour from hell? Have you raised a complaint to your neighbour directly or to others such as the police or the Local Authority? If so, your property may have suffered a Diminution in Value as a result of such anti-social behaviour or harassment. The value of your property depends on good neighbours and maintaining cordial relations.

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Church Court Chambers, November 2019

Source: churchcourtchambers.co.uk

Council planning board removes clause from s106 agreement restricting future occupants from bringing claims over noise after receiving advice move was unlawful – Local Government Lawyer

Posted November 28th, 2019 in damages, news, noise, nuisance, planning by sally

‘­­The Planning Board at the Royal Borough of Greenwich has removed a clause from a s106 agreement that was intended to restrict future occupants of a housing development from pursuing claims for nuisance or damages over noise, after receiving legal advice suggesting it was unlawful.’

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Local Government Lawyer, 27th November 2019

Source: www.localgovernmentlawyer.co.uk

Environmental Law Podcast – November 2019 – Six Pump Court

Posted November 26th, 2019 in environmental protection, financial regulation, news, nuisance, pollution by sally

‘The latest monthly environmental law news podcast presented by Christopher Badger and Mark Davies in association with LexisPSL, is now available.’

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Six Pump Court, 22nd November 2019

Source: www.6pumpcourt.co.uk

Environmental Law News Update – Six Pump Court

‘In this latest Environmental Law News Update Gordon Wignall, Christopher Badger and Natasha Hausdorff consider the recently published Environment Bill, the European Union (Withdrawal Agreement) Bill and whether public nuisance might provide a means of taking action in cases of climate change.’

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Six Pump Court, 23rd October 2019

Source: www.6pumpcourt.co.uk

Shard freeclimber faces court case over breach of injunction – The Guardian

Posted October 21st, 2019 in injunctions, news, nuisance by sally

‘The freeclimber who scaled the Shard in July is being taken to court by the skyscraper’s owners for breaching an injunction.’

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The Guardian, 20th October 2019

Source: www.theguardian.com

Breach of PSED and consequences for possession – Nearly Legal

‘The Court of Appeal considers the effect of an admitted breach of the Public Sector Equality Duty under s.149 Equality Act 2010 on possession proceedings.’

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Nearly Legal, 18th August 2019

Source: nearlylegal.co.uk

Manchester police defend prosecution of two mentally ill people – The Guardian

‘A police force has defended its decision to prosecute two mentally ill women who were charged after they caused traffic jams when trying to kill themselves.’

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The Guardian, 22nd May 2019

Source: www.theguardian.com

Song from under the floorboards – Nearly Legal

Posted May 7th, 2019 in appeals, consent, contracts, covenants, enforcement, housing, leases, news, nuisance by sally

‘Fouladi v Darout Ltd & Ors (2018) EWHC 3501 (Ch). Although the judgment is dated December 2018, this has just appeared – a case on the perennially vexed topic of noise from a flat above. In fact it is an appeal and cross appeal on a county court judgment and order on a claim by a leaseholder against both the upstairs leaseholder and the freeholder. The reason that the claim was made, reached trial and then appeal might be connected to the value of the claimant’s flat being some £2,400,000.’

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Nearly Legal, 6th May 2019

Source: nearlylegal.co.uk

Case Analysis: Fearn v Trustees of the Tate Gallery [2018] EWHC 246 (Ch) – Tanfield Chambers

Posted March 20th, 2019 in housing, news, nuisance, privacy by sally

‘The claim related to a public viewing platform on the 10th Floor of the Tate Modern art gallery in Central London. The gallery overlooked a modern residential development approx.35m away with striking floor to ceiling windows. As a result, visitors using the platform could see into the living areas of the flats. There was evidence that there were up to 300 visitors at a time, and that a significant minority waived and shouted at the occupiers of the flats, took photos and posted pictures of the interiors of the flats on social media. The owners of the flats brought a claim for private nuisance against the trustees of the gallery.’

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Tanfield Chambers, 22nd February 2019

Source: www.tanfieldchambers.co.uk

Bike gang sentenced for Birmingham and Solihull rampage – BBC News

‘Nearly 30 men have been sentenced for their part in a bike gang’s five-hour rampage through Birmingham.’

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BBC News, 18th March 2019

Source: www.bbc.co.uk

Tate Modern wins privacy case brought by owners of £4m flats – The Guardian

Posted February 13th, 2019 in housing, news, nuisance, privacy by sally

‘One of Tate Modern’s most popular areas, a top-floor terrace that offers spectacular 360-degree views of London, is to remain fully open after neighbours lost a privacy case.’

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The Guardian, 12th February 2019

Source: www.theguardian.com

Student who sparked Newcastle bomb scare with artwork on bridge given community service – The Independent

Posted January 15th, 2019 in bomb hoaxing, community service, news, nuisance, sentencing by sally

‘A student who sparked a bomb scare by attaching piece of art to a bridge has been sentenced to 90 hours of community service.’

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The Independent, 15th January 2019

Source: www.independent.co.uk

Director liability for nuisance calls introduced – OUT-LAW.com

Posted December 18th, 2018 in company directors, news, nuisance, telecommunications by sally

‘Company directors in the UK can now be fined up to £500,000 if their businesses engage in unsolicited marketing activity.’

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OUT-LAW.com, 17th December 2018

Source: www.out-law.com

Nuisance call bosses face £500,000 fines – BBC News

Posted December 17th, 2018 in bankruptcy, consumer protection, fines, news, nuisance, statistics, telecommunications by sally

‘Directors of firms that cold-call consumers can now be fined up to £500,000 under new rules that have come into force.’

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BBC News, 17th December 2018

Source: www.bbc.co.uk

Council prosecution sees property owner fined £18k over Japanese knotweed – Local Government Lawyer

Posted December 10th, 2018 in fines, local government, news, nuisance, prosecutions, trees by sally

‘A Bristol property owner has been fined £18,000 for allowing the spread of Japanese knotweed, after what is thought to be one of the first prosecutions nationally using the Anti-Social Behaviour, Crime and Policing Act 2014 to tackle the issue.’

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Local Government Lawyer, 7th December 2018

Source: www.localgovernmentlawyer.co.uk

Fracking protesters walk free after court quashes ‘excessive’ sentences – The Guardian

Posted October 18th, 2018 in appeals, demonstrations, environmental protection, fracking, news, nuisance, sentencing by sally

‘Three protesters jailed for blocking access to a fracking site have walked free after the court of appeal quashed their sentences, calling them “manifestly excessive”.’

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The Guardian, 17th October 2018

Source: www.theguardian.com

Court of Appeal upholds decision to register part of port as village green – Local Government Lawyer

Posted October 10th, 2018 in appeals, commons, land registration, local government, news, nuisance by sally

‘The Court of Appeal has upheld Essex County Council’s decision to register land that is part of the Port of Mistley as a town or village green (TVG).’

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Local Government Lawyer, 9th October 2018

Source: www.localgovernmentlawyer.co.uk

Who can complain of statutory nuisance? – Nearly Legal

Posted October 2nd, 2018 in complaints, environmental protection, housing, news, nuisance by sally

‘The question in the rather wonderfully titled Watkins v Aged Merchant Seamen’s Homes & Anor (2018) EWHC 2410 (Admin) was whether a former licensee who remained in occupation after a possession order could bring a complaint of statutory nuisance under Environmental Protection Act 1990 and ‘prove’ the condition of the property at the time of the hearing in the Magistrates Court. There are all sorts of things flying about in the background of this judgment, including off stage judicial review proceedings, but the key issue is what sort of status an occupier has to have to bring (and continue) an EPA 1990 prosecution.’

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Nearly Legal, 30th September 2018

Source: nearlylegal.co.uk

A noisy appeal – Nearly Legal

Posted October 1st, 2018 in appeals, housing, news, noise, nuisance, repossession by sally

‘This was Curo Places appeal of a Circuit Judge’s dismissal of its possession claim against Ms Walker.’

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Nearly Legal, 30th September 2018

Source: nearlylegal.co.uk