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20 March 2015 / Andrew Butler
Issue: 7645 / Categories: Features , Public , In Court
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Winners & losers

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Andrew Butler assesses the impact of Lawrence —one year on

A year after the Supreme Court handed down judgment in Lawrence & another v Fen Tigers Ltd and others [2014] AC 822, [2014] UKSC 13 how have the radical changes foreshadowed by that case played out?

The decision in Lawrence

To recap— Lawrence was a case in which the claimant householders brought an action in nuisance against various entities involved in the management of a motocross track in their Suffolk locality. The judge at first instance held that the activities constituted a nuisance and granted an injunction. The Court of Appeal overturned that decision, holding that the judge had gone wrong by assessing the character of the area without having regard to the offending activity. The Supreme Court disagreed with the Court of Appeal and reinstated the decision of the judge.

Why is Lawrence important?

Lawrence gave rise to a number of important questions, including:

  • whether there could be a prescriptive right to cause a nuisance;
  • whether and to what extent
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MOVERS & SHAKERS

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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