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Shelfer is not the be all and end all

The judgment in Lawrence will prompt more judicial discretion in granting injunctions, says Ryan Diamond

12 March 2014

The consideration of Lawrence v Coventry (T/A RDC promotions) [2014] UKSC 13 presented the members of the Supreme Court with the opportunity to re-examine the use of judicial discretion in granting injunctions.

Motor sports

The case itself concerned nuisance in the form of noise emanating from a motor sports stadium. The applicants were seeking confirmation that the activities at the stadium constituted a nuisance and the grant of an injunction to restrain the nuisance.

In the judgment, the court took as its starting point the decision in Shelfer v City of London Electric Lighting Co Ltd [1895] 1 CH 287.

Shelfer had created a strong presumption in ...

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