Council ban legislation creating ‘bizarre’ laws, campaigners say – BBC News

Posted March 30th, 2015 in alcohol abuse, crime, fines, legislation, local government, news, nuisance, public order by sally

‘A law that allows councils in England and Wales to ban certain activities in public is leading to “bizarre new criminal offences”, campaigners say.’

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BBC News, 30th March 2015

Source: www.bbc.co.uk

Birdbrained new law could make feeding pigeons a criminal offence – The Independent

Posted March 30th, 2015 in alcohol abuse, crime, local government, news, nuisance, public order by sally

‘A new law that allows councils to ban activities in public spaces is leading to “bizarre new criminal offences”, which could see homeless people, buskers and people who feed pigeons prosecuted.’

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The Independent, 30th March 2015

Source: www.independent.co.uk

Relief from sanctions for not turning up? – Nearly Legal

Posted March 25th, 2015 in appeals, civil procedure rules, landlord & tenant, news, nuisance, sanctions by sally

‘In Home Group v Matrejek [2015] EWHC 441 (QB), the High Court has applied Rule 3.9 of the Civil Procedure Rules and the guidance on applications for relief from sanctions in Denton v TH White Ltd [2014] EWCA Civ 906 (our note here) to a possession claim based on nuisance and anti-social behaviour.’

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Nearly Legal, 24th March 2015

Source: www.nearlylegal.co.uk

New powers make it easier to tackle anti-social behaviour – Home Office

Posted March 25th, 2015 in alcohol abuse, injunctions, news, nuisance, victims by sally

‘Simpler and more flexible powers introduced by Coalition Government put victims and communities at heart of the response.’

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Home Office, 23rd March 2015

Source: www.gov.uk/home-office

Bristol activist jailed for two years for targeting police cars with tyre spikes – The Guardian

Posted February 25th, 2015 in appeals, criminal damage, news, nuisance, police, road traffic, sentencing by sally

‘An environmental activist has been jailed for two years for putting the lives of police officers in danger by targeting patrol cars with homemade tyre-deflation spikes to “give them a taste of their own medicine”.’

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The Guardian, 24th February 2015

Source: www.guardian.co.uk

Nuisance and reasonable steps – NearlyLegal

Posted February 5th, 2015 in appeals, housing, news, nuisance by sally

‘Ms Y is the leaseholder of a flat below that of Mrs & Mr Shakeshaft, who had a tenant in theirs. There had been repeated leaks, and floods, into Ms Y’s flat over a period of 4 years or so, originating in the Shakeshaft’s flat above and causing considerable damage. Ms Y had brought a claim which, by the time it reached trial at first instance, was purely a claim in nuisance against Mrs & Mr S for the water originating in their flat.’

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NearlyLegal, 4th February 2015

Source: www.nearlylegal.co.uk

Private Law Remedies in Environmental Law – Mouse or Lion? – Thirty Nine Essex Street

Posted November 18th, 2014 in environmental protection, human rights, news, nuisance, planning, pollution by sally

‘With statutory regulation covering an ever increasing area in Environmental Law, the question arises as to whether private law remedies have a meaningful role to play in that arena?’

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Thirty Nine Essex Street, September 2014

Source: www.39essex.com

The knotty problem of Fallopia Japonica – Hardwicke Chambers

Posted November 18th, 2014 in environmental protection, misrepresentation, news, nuisance, sale of land, waste by sally

‘Japanese Knotweed (Fallopia Japonica) was originally introduced to the UK in the 1850s as an ornamental plant and animal feed, but it has spread rapidly and estimates now suggest at least one infestation in every 10km2. Knotweed can grow 3 – 4m in a 10 week growing season, and as little as 0.7 grams of rhizome can produce a new plant within only 10 days. The rhizomes can spread to a depth of 3 metres, and 7 metres horizontally. This strong growth and invasive root system can damage concrete foundations, buildings, roads, paving and retaining walls. For good reason, therefore, Knotweed is described by the Environment Agency as “indisputably the UK’s most aggressive, destructive and invasive plant”.’

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Hardwicke Chambers, 10th November 2014

Source: www.hardwicke.co.uk

Man jailed for driving car on to Brands Hatch circuit during race – The Guardian

Posted November 18th, 2014 in guilty pleas, news, nuisance, sentencing by sally

‘A labourer has been jailed for eight months for driving his girlfriend’s Volkswagen Polo on to the Brands Hatch circuit during a race.’

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The Guardian, 17th November 2014

Source: www.guardian.co.uk

Of cricket balls and Velux windows – a victory for Lord Denning and the common law right to hit a good six – Sports Law Bulletin from Blackstone Chambers

‘Flying cricket balls and noisy motorbikes have a long history of testing the legal balance between the public interest in sport and the private interest in the peaceful enjoyment of land or the avoidance of injury.’

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Sports Law Bulletin from Blackstone Chambers, 13th November 2014

Source: www.sportslawbulletin.org

Wickland (Holdings) Ltd v Telchadder – WLR Daily

Posted November 7th, 2014 in agreements, law reports, nuisance, repossession by sally

Wickland (Holdings) Ltd v Telchadder; [2014] UKSC 57; [2014] WLR (D) 469

‘Where the owners of a mobile home park had given an occupier written notice that they would seek a court order terminating his agreement to live at the park unless he stopped his anti-social behaviour, which under the Mobile Homes Act 1983 was required prior to any eviction, they could not rely on that same notice when he next committed a further act of anti-social behaviour three years later.’

WLR Daily, 5th November 2014

Source: www.iclr.co.uk

The Costs of Complexity: A Practical View from the Bar – Littleton Chambers

Posted October 15th, 2014 in appeals, costs, human rights, news, nuisance, Supreme Court by sally

‘In his monthly column, originally published by PLC, James Bickford Smith considers the Supreme Court’s judgments in Coventry v Lawrence (No 2) [2014] UKSC 46 and Marley v Rawlings [2014] UKSC 51, before commenting briefly on relief from sanctions disputes after Denton v White and other appeals [2014] EWCA Civ 906.’

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Littleton Chambers, 3rd October 2014

Source: www.littletonchambers.com

The 13 obscure UK laws you didn’t know you were breaking – The Independent

‘Forget the urban myths about dying in Westminster or eating mince pies on Christmas Day: these are real rules you could be breaking without even realising it’

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The Independent, 26th August 2014

Source: www.independent.co.uk

Watchdog ‘desperate’ for ministers to crack down on nuisance calls and spam texts – Daily Telegraph

Posted July 30th, 2014 in compensation, electronic mail, news, nuisance, privacy, telecommunications by sally

‘Victims of spam message companies could find it easier to win compensation under plans backed by the Information Commissioner’s Office’

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Daily Telegraph, 29th July 2014

Source: www.telegraph.co.uk

Coventry and others (Respondents) v Lawrence and another (Appellants) – Supreme Court

Coventry and others (Respondents) v Lawrence and another (Appellants) [2014] UKSC 46 (YouTube)

Supreme Court, 23rd July 2014

Source: www.youtube.com/user/UKSupremeCourt

Private nuisance – Article 6 and the costs conundrum – UK Human Rights Blog

Posted July 25th, 2014 in costs, human rights, insurance, news, nuisance, protective costs orders by sally

‘Coventry v. Lawrence [2014] UKSC 13, 23 July 2014, read judgment and Austin v. Miller Argent [2014] EWCA Civ 1012, 21 July 2014. Two important cases in the last few days showing how difficult it is to find a fair way to litigate private nuisance cases. Most of these claims have a modest financial value, but may raise complex factual and expert issues, even before you get to the law. The first case I shall deal with, Coventry, shows the iniquities of the recently departed system. The second, Austin, the dangers of the new.’

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UK Human Rights Blog, 23rd July 2014

Source: www.ukhumanrightsblog.com

Lawrence and another v Fen Tigers Ltd and others (No 2) – WLR Daily

Posted July 24th, 2014 in appeals, landlord & tenant, law reports, noise, nuisance, sport, Supreme Court by sally

Lawrence and another v Fen Tigers Ltd and others (No 2) [2014] UKSC 46; [2014] WLR (D) 332

‘In order for the landlord to be liable for nuisance caused by the tenant of a property the circumstances had to be such that the landlord either (i) could be said to have authorised the nuisance by letting the property in question or (ii) had participated directly in the commission of the nuisance, and it was not enough that the landlord was aware of the nuisance but took no steps to prevent it.’

WLR Daily, 23rd July 2014

Source: www.iclr.co.uk

Austin v Miller Argent (South Wales) Ltd – WLR Daily

Posted July 23rd, 2014 in damages, EC law, law reports, nuisance, protective costs orders by michael

Austin v Miller Argent (South Wales) Ltd [2014] EWCA Civ 1012;  [2014] WLR (D)  331

‘Private nuisance actions were in principle capable of constituting procedures which fell within the scope of article 9.3 of the Aarhus Convention. There had to be a significant public interest in the action to justify conferring special costs protection on a claimant. The article 9.4 obligation which afforded procedural costs protection was no more than a factor to take into account when deciding whether to grant a protected costs order.’

WLR Daily, 21st July 2014

Source: www.iclr.co.uk

Record number of data complaints made to ICO – BBC News

Posted July 16th, 2014 in appeals, complaints, data protection, disclosure, fines, news, nuisance, privacy, statistics by sally

‘The UK’s information commissioner has called for better funding for the country’s data regulator amid a record number of cases.’

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BBC News, 15th July 2014

Source: www.bbc.co.uk

The Supreme Court reconsiders nuisance and the power to award damages in lieu of an injunction – Henderson Chambers

Posted March 26th, 2014 in appeals, damages, injunctions, news, noise, nuisance, planning, Supreme Court by sally

‘In the case of Coventry and others (Respondents) v Lawrence and another (Appellants) [2014] UKSC 13 the Supreme Court has addressed five key matters which will play an important role in informing future claims for nuisance.’

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Henderson Chambers, 25th March 2014

Source: www.hendersonchambers.co.uk