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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

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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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