header-logo header-logo

05 September 2014 / Alastair Redpath-Stevens
Issue: 7620 / Categories: Features , Property
printer mail-detail

Creating unsound waves?

Alastair Redpath-Stevens considers the consequences of Coventry v Lawrence, Pt 2

Andrew Francis’ excellent article “Making a noise” considered the Supreme Court decision in Coventry v Lawrence [2014] UKSC 13, [2014] 2 All ER 622 (SC1) (see NLJ, 2 May 2014, p 15).

SC1 reversed the Court of Appeal and restored the trial judge’s order based on his finding that Mr Coventry and Moto-Land UK Limited (the respondents) were liable in nuisance to Katherine Lawrence and Raymond Shields (the appellants), the owner-occupiers of a bungalow some 850 yards away from a stadium/track used for various types of noisy motor car and motorcycle racing. The respondents were ordered to pay 60% of the appellants’ costs to be subject to detailed assessment. The trial judge also found that Terence Waters and Anthony Morley and a predecessor landlord (the landlords) were not liable in nuisance.

Coventry revisited

This article considers two issues arising out of SC1 which were considered in Coventry v Lawrence (No 2) [2014] UKSC 46, [2014] All ER (D) 226 (Jul):

  • whether
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

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
back-to-top-scroll