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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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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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