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04 April 2025 / Tricia Hemans , Daniel Black
Issue: 8111 / Categories: Features , Property , Nuisance
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Child’s play?

214630
Tricia Hemans & Daniel Black consider common law nuisance & an interesting High Court decision on noise from a nursery
  • Dennis v Head Start offers the chance to consider how nuisance is operating post Fearn.
  • The district judge found that aggrieved persons had ‘exaggerated their responses to the noise to fit their case’. The expert evidence, paired with lay evidence, was ‘clearly’ enough to find there was no substantial interference.
  • Explores the second limb, which was hypothetical in this case: common and ordinary use of the land.

Picture the scene. It’s a sunny day in 2025 and certain news outlets have picked up a story about ongoing proceedings in the High Court. The claimants allege that the occupants of a new development are so loud and so obnoxious as to be a nuisance. It is reported that the claimants want an injunction. If not granted, they will seek damages.

So far, so familiar, supplemented with the striking novelty that it is reported to have been alleged that the intrusion is so bad as to make reading in bed almost

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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