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04 April 2025 / Tricia Hemans , Daniel Black
Issue: 8111 / Categories: Features , Property , Nuisance
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Child’s play?

214630
Tricia Hemans & Daniel Black consider common law nuisance & an interesting High Court decision on noise from a nursery
  • Dennis v Head Start offers the chance to consider how nuisance is operating post Fearn.
  • The district judge found that aggrieved persons had ‘exaggerated their responses to the noise to fit their case’. The expert evidence, paired with lay evidence, was ‘clearly’ enough to find there was no substantial interference.
  • Explores the second limb, which was hypothetical in this case: common and ordinary use of the land.

Picture the scene. It’s a sunny day in 2025 and certain news outlets have picked up a story about ongoing proceedings in the High Court. The claimants allege that the occupants of a new development are so loud and so obnoxious as to be a nuisance. It is reported that the claimants want an injunction. If not granted, they will seek damages.

So far, so familiar, supplemented with the striking novelty that it is reported to have been alleged that

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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