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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.
The Chair of the Bar sets out how the new government can restore the justice system
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The Chair of the Bar sets out how the new government can restore the justice system
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