2023: Year of the Nuisance?
24 March 2023
Introduction
2023 has already been a landmark year for nuisance, with the Supreme Court handing down its controversial decision in Fearn v Tate Gallery (as discussed on this blog).
The good news for those with a particular interest in the bothersome behaviour of neighbours is that Fearn is only the start.
This month, the Supreme Court will hear not one, but two more nuisance cases, including Jalla v Shell (the other being The Manchester Ship Canal Company v United Utilities No 2). And the Court of Appeal has been getting in on the act too – giving judgment last month in Davies v Bridgend County Borough Council [2023] EWCA Civ 80.
This post focuses on one of the many fascinating points raised by these cases – namely, the slippery concept at the heart of both Davies and Jalla: continuing nuisance.
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