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08 September 2023 / Nicholas Dobson
Issue: 8039 / Categories: Features , Nuisance , Public , Local government
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Life in the loud lane

136506
Nicholas Dobson gets up to speed on statutory nuisance
  • Local authorities have the power to vary abatement notices issued under Part III of the Environmental Protection Act 1990.

John Stuart Mill in his 1859 essay On Liberty asserted that: ‘The liberty of the individual must be thus far limited; he must not make himself a nuisance to other people.’ ‘Nuisance’ is an ancient word (going back to the early 12th century and coming to us via Old French, ultimately from the Latin nocere, to harm or hurt), meaning injury, hurt, harm or something legally harmful or offensive. As was apparent from the Supreme Court judgment of 1 February 2023 in Fearn and others v Board of Trustees of the Tate Gallery [2023] UKSC 4, [2023] All ER (D) 02 (Feb) (see ‘Tate-à-Tête (Pt 3)’, NLJ, 17 March 2023, pp11-12), private nuisance refers to such actionable use of land as interferes with the claimant’s enjoyment of rights in land, such as to cause diminution in the utility

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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