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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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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