The following Property Disputes Q&A Produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
This response considers the principles of private nuisance, and whether a security light shining onto someone’s private land could constitute a private nuisance.
Private nuisance is an interference with the use or enjoyment of land, or of some right over or in connection with it. The nuisance is usually continuous, and is also indirect. It is distinct from trespass which involves a direct interference with someone’s right to exclusive possession of land. When determining whether there has been an impairment of the enjoyment of land, the governing principle is that of the ‘reasonable user’. If a claimant is being unusually sensitive to a petty annoyance that another person would disregard, they are unlikely to be successful. The Court will also take into account factors including the locality of the land, the extent and duration of the disturbance, any social value to what the defendant is doing, and the motivation of the defendant.
The claimant must usually prove damage, for example physical damage to
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Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or using misleading advertising have to rely on a combination of different intellectual property rights. These rights include the common law right to
The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D
This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of insurance and the possible consequences of carrying on activities relating to a contract of insurance without the requisite regulatory permissionsThe
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several
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