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NLJ this week: ‘Ordinary’ use in a nuisance nursery case

04 April 2025
Issue: 8111 / Categories: Legal News , Property , Nuisance
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Are children too noisy? In this week’s NLJ, Tricia Hemans and Daniel Black, Falcon Chambers, analyse a recent case on nuisance.

Dennis v Head Start Day Nursery is one of nuisance law’s quirkier cases, and sheds light on the development of this legal area post-Fearn v Tate, which concerned art gallery visitors taking an interest in the goings-on in nearby glass-walled flats.

The authors consider the following: ‘The issue of ordinary use was not explored in Head Start, the threshold test not having been met. Taking a foray into the hypothetical, one does wonder what the court might have made of that. If there were high levels of noise which objectively could amount to a substantial interference, would the use of the property as a nursery be considered ordinary?’ 
Issue: 8111 / Categories: Legal News , Property , Nuisance
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