Principles of Private Nuisance as set out in Fearn: (1)

Principles of Private Nuisance as set out in Fearn: (1)

What is a “Substantial” Interference? One of the principles of private nuisance discussed by Leggatt JSC in Fearn v. Tate Gallery Trustees [2023] UKSC 4 [2023] 1 WLR 339 is that of threshold: what is the minimum level of seriousness at which an interference with the...

TRANSBOUNDARY WASTE SHIPMENTS

Introduction This Summary is intended to provide readable starting-point for understanding those EU and UK laws which concern the transboundary shipments of waste: exports and imports of waste (including the transit of waste to and from third countries). The Summary...

COASTAL EROSION

COASTAL EROSION Coastal erosion: can property-owners secure protection for their homes? Sudden and dramatic storms around the coast of England and Wales pose serious risks to property-owners in low-lying areas from erosion of the shoreline. Where sea defences have...

POLLUTION OFFENCES; SCHEMES OF PREVENTION AND REMEDIATION

Pollution offences; schemes of prevention and remediation Summary of contents Pollution offences – waste offences under s.33, Environmental Protection Act 1990  – environmental permitting offences under regulation 38 – anti-pollution works notices under the Water...

Business interruption and Covid-19

Business Interruption  Covid 19 test case – Commercial Court Financial List – occurrence within a radius of 25 miles – “manifested” – trends clause – Supreme Court appeal Introduction On 15 September 2020 guidance was given on the interpretation of these claims in the...