header-logo header-logo

04 April 2025 / Tricia Hemans , Daniel Black
Issue: 8111 / Categories: Features , Property , Nuisance
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
back-to-top-scroll