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Nuisance – Noise. In a case concerning private nuisance, the Supreme Court provided guidance on the following issues: (i) the extent, if any, to which it was open to a defendant to contend that he had established a prescriptive right to commit what would otherwise be a nuisance by means of noise; (ii) the extent, if any, to which a defendant to a nuisance claim could rely on the fact that the claimant 'came to the nuisance'; (iii) the extent, if any, to which it was open to a defendant to a nuisance claim to invoke the actual use of his premises, complained of by the claimant, when assessing the character of the locality; (iv) the extent, if any, to which the grant of planning permission for a particular use could affect the question of whether that use was a nuisance or any other use in the locality could be taken into account when considering the character of the locality; and (v) the approach to be adopted by a court when deciding whether to grant an injunction to restrain a nuisance being committed, or whether to award damages instead, and the relevance of planning permission to that issue.
Nuisance – Noise. In a case concerning private nuisance, the Supreme Court provided guidance on the following issues: (i) the extent, if any, to which it was open to a defendant to contend that he had established a prescriptive right to commit what would otherwise be a nuisance by means of noise; (ii) the extent, if any, to which a defendant to a nuisance claim could rely on the fact that the claimant 'came to the nuisance'; (iii) the extent, if any, to which it was open to a defendant to a nuisance claim to invoke the actual use of his premises, complained of by the claimant, when assessing the character of the locality; (iv) the extent, if any, to which the grant of planning permission for a particular use could affect the question of whether that use was a nuisance or any other use in the locality could be taken into account when considering the character of the locality; and (v) the approach to be adopted by a court when deciding whether to grant an injunction to restrain a nuisance being committed, or whether to award damages instead, and the relevance of planning permission to that issue.
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
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If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
On the 50th anniversary of the pub bombings, even now it is still unresolved. Chris Mullin, the journalist and former MP who led the campaign leading to the release of the Birmingham Six, looks back at events
One year on and the Court of Appeal fails to quash convictions after receiving evidence of racism in the jury room, and there are still no revisions to the Equal Treatment Bench Book , says Keir Monteith KC
Most of us like to think we would risk our career in order to meet our ethical obligations, so why have so many lawyers failed to hold the line? asks Flora Page
If your current practice environment is bringing you down, seek a new one. However daunting the change, it will be worth it, says Anon Barrister
A cultural life and times