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28 July 2023 / John Pointing
Issue: 8035 / Categories: Features , Profession , Environment
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Book review: Noise & Noise Law: A Practitioner’s Guide

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"A second edition of this useful book may be needed before too long"
  • Authors: Francis McManus & Andy Mckenzie
  • Publisher: Edinburgh University Press
  • ISBN: 9781399505055
  • RRP: £60

Complaints about noise nuisance resulting from the activities of neighbours form the largest category of nuisance complaints made to local authorities. The issuing of community protection notices under the Anti-social Behaviour, Crime and Policing Act 2014 by the police and local authorities is driven by the desire to control behaviour-driven noise, ranging from being ‘significantly annoying’ for those living and working in the neighbourhood, to behaviour amounting to public disorder. Liability for causing nuisance or anti-social behaviour is contingent on whether acts (or omissions) are deemed unreasonable—a highly elastic concept, dependent on the circumstances of the particular case, and resistant to precise definition.

Nuisance law has proved challenging to legislators and judges, since people have had to live in close proximity to others and where residential uses of land meet the boundaries of other uses, such as

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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