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

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
The Court of Appeal was entitled to uphold the government's decision to proscribe Palestine Action as a terrorist organisation, according to an analysis of the ruling
back-to-top-scroll