header-logo header-logo

20 March 2015 / Andrew Butler
Issue: 7645 / Categories: Features , Public , In Court
printer mail-detail

Winners & losers

nlj_7645_andrew-butler

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
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll