header-logo header-logo

29 March 2024
Issue: 8065 / Categories: Legal News , Procedure & practice , Nuisance
printer mail-detail

NLJ this week: Knotty problems with a big impact for nuisance

166024
From Fearn v Tate to a series of Japanese knotweed cases, the law of nuisance has made frequent appearances in the courts of late

In this week’s NLJ, John Campbell and James Saunders trace recent developments in this area of common law.

They note that Fearn v Board of Trustees of the Tate Gallery [2023] UKSC 4 (the case involving Tate Modern’s viewing platform directly overlooking luxury flats with floor-to-ceiling glass windows) and the knotweed cases ‘represent evolution, rather than revolution, in the law’.

Campbell and Saunders, of New Square Chambers, write: ‘The Fearn appeal passed from the High Court, through the Court of Appeal and to the Supreme Court with different reasoning at each stage, highlighting the difficulties of identifying the boundaries of nuisance and applying the traditional approach that was ultimately reinstated in the Supreme Court.’

MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll