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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