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12 February 2009
Issue: 7356 / Categories: Features
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Sewage smells & damages

Robert Weir reports on the complex world of nuisance and HRA damages

'It is only those with a legal interest in property who were entitled to claim nuisance damages'

The Mogden Sewage Treatment Works has generated not just some pretty nasty smells and infestation of mosquitoes but also some difficult litigation involving the interplay between nuisance damages and damages under the Human Rights Act 1998 (HRA 1998). In Dobson and others v Th ames Water Utilities Ltd [2009] EWCA Civ 28 the Court of Appeal explained how damages in nuisance should be assessed and the impact of such an assessment on claims for damages for breach of Art 8 of the European Convention on Human Rights, brought by those not entitled to claim in nuisance.

The issue and how it arose
The residents in the group action brought against Th ames Water Utilities Ltd divided into those who owned or rented their properties and those who did not. The signifi cance of this distinction was that it is only those with a legal interest in property, about

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MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

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Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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