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08 September 2023 / Nicholas Dobson
Issue: 8039 / Categories: Features , Nuisance , Public , Local government
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Life in the loud lane

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Nicholas Dobson gets up to speed on statutory nuisance
  • Local authorities have the power to vary abatement notices issued under Part III of the Environmental Protection Act 1990.

John Stuart Mill in his 1859 essay On Liberty asserted that: ‘The liberty of the individual must be thus far limited; he must not make himself a nuisance to other people.’ ‘Nuisance’ is an ancient word (going back to the early 12th century and coming to us via Old French, ultimately from the Latin nocere, to harm or hurt), meaning injury, hurt, harm or something legally harmful or offensive. As was apparent from the Supreme Court judgment of 1 February 2023 in Fearn and others v Board of Trustees of the Tate Gallery [2023] UKSC 4, [2023] All ER (D) 02 (Feb) (see ‘Tate-à-Tête (Pt 3)’, NLJ, 17 March 2023, pp11-12), private nuisance refers to such actionable use of land as interferes with the claimant’s enjoyment of rights in land, such as to cause diminution in the utility and amenity value of the land.

However, Part III,

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Jurit LLP—Caroline Williams

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Flint Bishop—Deborah Niven

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Firm appoints head of intellectual property to drive northern growth

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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