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Making a noise

02 May 2014 / Andrew Francis
Issue: 7604 / Categories: Features , Property
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The decision in Coventry v Lawrence cannot be ignored, says Andrew Francis

On 26 February 2014 the Supreme Court gave judgment in the case of Coventry v Lawrence [2014] UKSC 13, [2014] All ER (D) 245 (Feb). That was a noise nuisance case. The claimants lived near the defendants’ speedway track in Suffolk. At first instance an injunction was granted on terms that limited the activities on the defendants’ track. On appeal the Court of Appeal said that the proper remedy was damages. The claimants appealed to the Supreme Court.

The decision of the Supreme Court

The judgments of the court are complex and some of them are long. The issues for the Supreme Court were; first, whether it is possible to acquire a prescriptive right to do something which would otherwise be a private nuisance; second, whether it is a defence to a nuisance claim to say that the claimant has “come to the nuisance” (for example by acquiring or occupying property after the nuisance has started); third, how far the defendants’ own activities

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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