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02 April 2009 / Jonathan Pratt , Willie Manners
Issue: 7363 / Categories: Features , Public , Property
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Planning / Nuisance: Choosing the right vehicle

Damages or injunctions? Willie Manners & Jonathan Pratt report

The question of whether a court will grant damages instead of an injunction is a difficult one for legal advisers. It is a matter for the court's discretion and it is not easy to predict how each individual judge will exercise that discretion. This issue arose again in the case of Watson & Ors v Croft Promo-Sport Ltd [2009] EWCA Civ 15, [2009] All ER (D) 197 (Jan). This dispute revolved around the question of whether the defendant's use of a motor racing circuit gave rise to a claim in private nuisance.

As well as giving guidance on the question of when it will be appropriate to grant damages instead of an injunction, the Court of Appeal also considered the relationship between a grant of planning permission and a claim for private nuisance. Sir Andrew Morritt, who gave the only reasoned judgment in the Court of Appeal, confirmed that it is not possible for a planning

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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