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10 September 2021 / Mark Pawlowski
Issue: 7947 / Categories: Features , Criminal
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Unwanted visitors: trespass & private nuisance

56849
Are claims in trespass & nuisance mutually exclusive? Mark Pawlowski investigates intrusions which are more than meets the eye

Trespass and private nuisance are related concepts in the law of torts. The former involves an intentional and direct interference with the claimant’s exclusive possession of land. The latter is concerned with the indirect (or consequential) interference with the use and enjoyment of land. Traditionally, therefore, the two doctrines have been regarded as functionally distinct categories in tort law. But are these two doctrines, in fact, mutually exclusive? Can an intrusion onto land caused, for example, by toxic fumes or smoke, constitute both a nuisance and a trespass? There are several English cases which clearly establish that this is a nuisance, but can it also give rise to a trespass?

From a practical point of view, it may be important to characterise the relevant claim as lying within both doctrines, not least because a cause of action in nuisance alone will fail in the absence of proof of unreasonable interference and

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MOVERS & SHAKERS

DSW Legal—James Mallender

DSW Legal—James Mallender

Business advisory group launches dedicated legal division with senior appointment

Gilson Gray—Peter Millican

Gilson Gray—Peter Millican

London corporate practice with partner appointment

Ward Hadaway—Alex Cooper

Ward Hadaway—Alex Cooper

Corporate team welcomes partner in Leeds

NEWS
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
Businesses are facing a ‘dramatic rise in prosecution risks’ as sweeping reforms to corporate criminal liability come into force, expanding the net of who can be held responsible for wrongdoing inside organisations
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
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