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05 September 2014 / Alastair Redpath-Stevens
Issue: 7620 / Categories: Features , Property
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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):

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MOVERS & SHAKERS

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Two promoted to partner in property litigation and education teams

Dorsey & Whitney LLP—Peter Knust

Dorsey & Whitney LLP—Peter Knust

Cross-border finance and restructuring specialist joins as of counsel in London

Powell Gilbert—Callum Beamish-Lacey

Powell Gilbert—Callum Beamish-Lacey

IP firm promotes litigator to partnership

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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