The risks for developers of nuisance claims being brought could lead to more serious consequences than simply paying out compensation, says Gordon Wignall
Vijay Ganapathy reviews the latest cases on CFAs and assessing the risk of success, when it is appropriate to depart from the “but for†test, the difficulty in appealing first instance decisions, and reversing the burden of proof
Respect, man: that is what it is all about. I have done plenty of cases where the motivation behind the alleged offending appears to be something to do with “respectâ€, and “dissing†that respect due. Now respect in these cases is a funny old thing – a bit of a one-way street to be honest. In these cases the defendant's sense of his own self-respect normally exists in a bubble that appears not to allow space for respect for others. You know the sort of thing: the defendant's right to respect is mutually exclusive to the victim's right not to have a knife stabbed in their guts or a glass shoved in their face and so on.