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29 March 2012
Issue: 7507 / Categories: Case law , Law digest , In Court
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Nuisance

Barr and others v Biffa Waste Services Ltd [2012] EWCA Civ 312, [2012] All ER (D) 141 (Mar)

It was well settled that there was no absolute standard in the common law test of nuisance; it was a question of degree whether the interference was sufficiently serious to constitute a nuisance. That was to be decided by reference to all the circumstances of the case. There had to be a real interference with the comfort or convenience of living, according to the standards of the average man. The character of the neighbourhood had to be taken into account.

The duration of an interference was an element in assessing its actionability, but was not a decisive factor. Statutory authority might be a defence to an action in nuisance, but only if statutory authority to commit a nuisance was express or necessarily implied. The latter would apply where a statute authorised the user of land in a way which would “inevitably” involve a nuisance, even if every reasonable precaution was taken. The public utility of the activity was not a

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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