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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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MOVERS & SHAKERS

Charles Russell Speechlys—James Paterson

Charles Russell Speechlys—James Paterson

Charles Russell Speechlys further bolsters Private Equity expertise with the appointment of James Paterson

Ellisons—Samuel Flower

Ellisons—Samuel Flower

Ellisons strengthens Rural Affairs team with senior appointment

Sidley—Carl Hotton

Sidley—Carl Hotton

Sidley adds insurance mergers and acquisitions partner to London office

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From dishonest claimants to judicial promotions and procedural skirmishes, the latest legal developments offer plenty for litigators to digest
Fresh guidance is set to influence how courts decide whether hearings take place online or in person
County Court judges remain divided over whether landlords can lawfully force entry to carry out essential safety inspections after tenants ignore access injunctions
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