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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

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
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