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02 April 2009 / Jonathan Pratt , Willie Manners
Issue: 7363 / Categories: Features , Public , Property
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Planning / Nuisance: Choosing the right vehicle

Damages or injunctions? Willie Manners & Jonathan Pratt report

The question of whether a court will grant damages instead of an injunction is a difficult one for legal advisers. It is a matter for the court's discretion and it is not easy to predict how each individual judge will exercise that discretion. This issue arose again in the case of Watson & Ors v Croft Promo-Sport Ltd [2009] EWCA Civ 15, [2009] All ER (D) 197 (Jan). This dispute revolved around the question of whether the defendant's use of a motor racing circuit gave rise to a claim in private nuisance.

As well as giving guidance on the question of when it will be appropriate to grant damages instead of an injunction, the Court of Appeal also considered the relationship between a grant of planning permission and a claim for private nuisance. Sir Andrew Morritt, who gave the only reasoned judgment in the Court of Appeal, confirmed that it is not possible for a planning authority to authorise a nuisance, although the effect of

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

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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