Principles of Private Nuisance as set out in Fearn: (6) Hypersensitivity
This is the sixth in a short series of posts which assesses the consequences of the judgment of Leggatt JSC in Fearn v. Tate Gallery Trustees [2023] UKSC 4 [2023] 1 WLR 339. Leggatt JSC’s majority judgment elevated a variety of themes conventionally used to determine what is a nuisance into a set of applicable ‘principles’. These posts are a summary of those principles.
Principles of Private Nuisance as set out in Fearn: (5) Reasonable user, reciprocity and the use of “best practicable means”
onsidering the consequences of the judgment of Leggatt JSC in Fearn v. Tate Gallery Trustees [2023] UKSC 4 [2023] 1 WLR 339. Leggatt JSC’s judgment has caused some surprise since he elevated a variety of themes used to determine what is a nuisance into a set of applicable ‘principles’.
Principles of Private Nuisance as set out in Fearn: (4) ‘Coming to’ a nuisance
This is the fourth in a short series of posts considering the consequences of the judgment of Leggatt JSC in Fearn v. Tate Gallery Trustees setting out what he described as a set of applicable principles relevant to the assessment of private nuisance.
Principles of Private Nuisance as set out in Fearn: (3) What constitutes an actionable nuisance (scope)?
What constitutes an actionable nuisance (scope)? This is the third in a short series of posts considering the consequences of the judgment of Leggatt JSC in Fearn v. Tate Gallery Trustees [2023] UKSC 4 [2023] 1 WLR 339, in which he listed what he described as a set of...
Principles of Private Nuisance as set out in Fearn: (2) Is a “Substantial” Interference an Objective, or Subjective, Standard?
Is a “Substantial” Interference an Objective, or Subjective, Standard? – The ‘threshold’ test is recognised an objective one, reflecting the fact that the interest which is protected by the tort is the utility of land, not the personal comfort of the individuals occupying it (see Fearn at para.23).
Principles of Private Nuisance as set out in Fearn: (1)
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 use and enjoyment of land counts as an actionable nuisance?