Private Nuisance in UK Law

  • Private Nuisance And Planning Permission
    • Mondaq United Kingdom
  • Private Property? Court Of Appeal Says That Being Overlooked Is Not A Nuisance
    • Mondaq UK
  • Private Property? Court of Appeal says that being overlooked is not a nuisance
    • JD Supra United Kingdom
    The Court of Appeal has handed down judgment in the case of Fearn & Others v The Board of Trustees of the Tate Gallery, concerning a dispute between the Tate Modern gallery and its residential neig...
  • Noise Nuisance - Lorna Grace Peires v. Bickerton Aerodromes Ltd [2016] EWHC 560 (Ch)
    • JD Supra United Kingdom
    Background - The claimant owned a property near to the defendant's aerodrome. One of the activities at the aerodrome was the taking off and landing of helicopters during training exercises (th...
    ......The claimant alleged the defendant was liable for causing a private nuisance due to the noise of the Activity. . Issues considered by the court. The court considered the parties' stance on the nature and frequency ......
  • A nuisance overlooked or simply an unwelcome development? The latter, says the Court of Appeal
    • JD Supra United Kingdom
    The Court of Appeal (COA) has handed down judgment in the widely publicised case of Fearn and others v. The Board of Trustees of the Tate Gallery [2020] EWCA Civ 104. Dismissing the appeal, the cou...
    ......Dismissing the appeal, the court has provided a useful judgment which addresses the modern scope of private nuisance and its relationship with the Human Rights Act 1998. Background. Between 2006 and 2012, four blocks of flats known as Neo Bankside were ......
  • Nuisance - Network Rail v Williams & Anor
    • Mondaq UK
    ...Case Alert - [2018] EWCA Civ 1514. Court of Appeal rules on a private nuisance claim arising from encroachment of Japanese knotweed – of possible interest to liability insurers. The claimants brought claims in ......
  • Supreme Court Finds No Continuing Nuisance Simply Because Polluting Substance Remains On Claimants' Land
    • Mondaq UK
    .... A recent Supreme Court decision has confirmed the orthodox. position in relation to how the law of limitation applies to claims. in private nuisance, in particular as to when there will be a. "continuing nuisance" such that the limitation period. starts afresh from day to day. This has ......
  • One Nuisance For Another
    • Mondaq UK
    ...... What is "Nuisance"?. As noted above, a nuisance may either be "public" or "private". The Coventry cases concerned private nuisance. A private nuisance arises where a person commits an act on his own land which, although in itself ......
  • Japanese Knotweed – A Growing Nuisance
    • Mondaq UK
    ...... Protection Act 1990, the Town and Country Planning Act 1990 and the Anti-social Behaviour, Crime and Policing Act 2014 or through a claim for private nuisance. Depending on the offence, penalties can include fines (in some cases unlimited) and even imprisonment. Since the coming into force of the ......
  • Fish, Chips And Nuisance Please
    • Mondaq UK
    ......The High Court in Bristol. had to consider whether fish and chips were being served with a. side order of private nuisance in the Cotswolds. The case of. Diana Effie Elliott Ray v Windrush Riverside Properties. Limited [2022] EWHC 2210 (TCC) is an interesting ......
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