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05 September 2014 / Alastair Redpath-Stevens
Issue: 7620 / Categories: Features , Property
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Creating unsound waves?

Alastair Redpath-Stevens considers the consequences of Coventry v Lawrence, Pt 2

Andrew Francis’ excellent article “Making a noise” considered the Supreme Court decision in Coventry v Lawrence [2014] UKSC 13, [2014] 2 All ER 622 (SC1) (see NLJ, 2 May 2014, p 15).

SC1 reversed the Court of Appeal and restored the trial judge’s order based on his finding that Mr Coventry and Moto-Land UK Limited (the respondents) were liable in nuisance to Katherine Lawrence and Raymond Shields (the appellants), the owner-occupiers of a bungalow some 850 yards away from a stadium/track used for various types of noisy motor car and motorcycle racing. The respondents were ordered to pay 60% of the appellants’ costs to be subject to detailed assessment. The trial judge also found that Terence Waters and Anthony Morley and a predecessor landlord (the landlords) were not liable in nuisance.

Coventry revisited

This article considers two issues arising out of SC1 which were considered in Coventry v Lawrence (No 2) [2014] UKSC 46, [2014] All ER (D) 226 (Jul):

  • whether the landlords were liable to the appellants in nuisance;
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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’
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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
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