header-logo header-logo

08 September 2023 / Nicholas Dobson
Issue: 8039 / Categories: Features , Nuisance , Public , Local government
printer mail-detail

Life in the loud lane

136506
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,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll