The following Dispute Resolution practice note Produced in partnership with Professor Richard A Buckley provides comprehensive and up to date legal information covering:
Private nuisance normally involves interference with the claimant’s enjoyment of their land, usually by noise or smell or by the causing of actual physical damage to their property. In Carnegie v Raleigh, a deliberate dumping of ‘trashed’ cars on the respondent’s land in a tit-for-tat creation of an eye-sore was found to constitute a nuisance, resulting in the court ordering the permanent removal of the cars and granting an injunction to ensure that this took place.
Interference with the enjoyment of an easement relating to the claimant’s land may also constitute such a nuisance, the right to light being the most common type of claim in this category.
In such cases the claimant can bring a civil claim seeking damages and/or abatement, as appropriate. Some of the following scenarios may also give rise to a statutory nuisance, on which see, eg, Practice Note: Neighbour disputes—noise and nuisance or strict liability under the rule in Rylands v Fletcher, see Practice Note: Nuisance—what are public and private nuisance claims?.
The number of possible sources of nuisance by noise is infinite.
The courts have shown a particular willingness to restrain noise at night-time and have indicated that defendants cannot expect to deprive complainants of sleep (eg Halsey v Esso Petroleum).
At the same time, the court exercises particular care in noise
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies,
Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of actingBetween[insert petitioner name]Petitionerand[insert respondent name]RespondentTake notice that we [insert name of firm] have been appointed to act as the
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.