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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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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