Hunter v Canary Wharf Ltd [1997] UKHL 14 – Law Journals

Nuisance: Neighbourhood watch

David Schmitz considers how the principles in Coventry v Lawrence on nuisance and the character of the area might best be applied ‘The confusion in this case is also the result of Lord Neuberger’s unelaborated suggestion that an iterative process be used.’ Among the many questions tackled by the Supreme Court in Coventry v Lawrence …

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Nuisance: Neighbourhood watch

David Schmitz considers how to approach nuisance cases where the character of an area has changed ‘It must be remembered that the principal question, nuisance or no nuisance, will not be determined solely by whether the activity in question is in keeping with the character of the locality or not.’ In Coventry v Lawrence [2014], …

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Nuisance Remedies: A case of double counting

Andrew Williams investigates a case that has clarified when damages in addition to an injunction may be an appropriate remedy and when loss of amenity value should be added ‘His Lordship’s point is that it will be a case of double accounting to also award the claimant the full value of the diminution in the …

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The Aarhus Convention: Private nuisance claims

Andrew Francis explains how the Convention can be invoked to help the weaker party protect its costs in David and Goliath situations ‘The Convention is applicable in the English courts (indirectly as part of the UK’s international obligations) as part of our domestic law.’ Imagine the following chain of events. Canchester is a large cathedral …

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The Modern Law Of Nuisance By Smell: Barr v Biffa

William Hanbury explains the recent Court of Appeal decision in Barr v Biffa Waste Services Ltd [2012] and asks whether it is any defence to a nuisance claim that the activity concerned is socially useful? ‘There has always been a tension in the law of nuisance between activities, which, by their very nature, cause a …

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