by admin | Nov 9, 2020 | Briefings
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...
by admin | Feb 27, 2020 | Briefings
Is climate change nuisance litigation a potential US export?, asks Gordon Wignall in the New Law Journal Common law climate change claims. Displacement by statute: placing limitations on environmental degradation. Public nuisance: the main thrust in the US...
by admin | Jan 16, 2020 | Briefings
Climate change and nuisance law: II – the role of the local authority Can the law of nuisance be used to obtain compensation for the consequences of climate change? This second article on the topic is concerned with the current US experience of climate change...
by admin | Dec 9, 2019 | Briefings
Climate change and nuisance law: I Can the law of nuisance be used as a restraint on the causes of climate change? This is first of a series of briefings which considers the difficulties which such claims may face. The American courts were the first to have the...
by admin | Nov 14, 2019 | Briefings
PRIVACY AND NUISANCE Can the law of private nuisance be used to protect a homeowner’s right to privacy? The answer to this is “Yes”. At least this was the answer given by the judge in the case concerning claimants who live in quasi-goldfish bowls built a few metres...
by admin | Nov 14, 2019 | Briefings
What are the rights and remedies for a claimant who is affected by Japanese Knotweed emanating from neighbouring land? Network Rail (2019) provides the answers to these issues. Much of the case is concerned with the trial judge’s decision, but it is more fruitful to...