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Commercial property update

Magnus Hassett and Nikolas Ireland discuss whether an injunction is still the appropriate remedy for an interference with property rights, and how to advise business tenants in the face of recent landlord successes

21 May 2014

In a decision that is likely to have far-reaching consequences about land development, the Supreme Court has examined whether an injunction or damages should be the appropriate remedy for the affected party in a private nuisance case (see Coventry and Ors v Lawrence and Shields [2014]).

The judgment should lead to the courts adopting a more flexible approach when considering whether to award damages in lieu
of an injunction for infringement of property rights, including rights of light, in a move away from the result of cases such as Regan (2007)
and Heaney (2010).

The claimants had brought proceedings against the owners of a motor sports stadium and track, claiming that noise from the stadium and track amounted to a private nuisance. The defendants operated the property in accordance with various planning permissions and had undertaken noise abate...

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