Gordon Wignall reviews several court judgments which reflect developments in nuisance law
2023 will be an important year for the development of the law of nuisance. The Supreme Court justices will have handed down their judgments in Fearn v. Tate Gallery Board of Trustees [2023] UKSC 4 (can occupants of neighbouring flats expand the law of nuisance to protect a right of privacy from visitors to a viewing platform at Tate Modern) and in March it will also hear the claimant’s appeal in Manchester Ship Canal Co Ltd v. United Utilities, the judgment of the Court of Appeal having confirmed the further erosion of an aspect of private nuisance by refusing relief where there is a statutory scheme for the control of the nuisance.
Detractors of this supposed backwater of the common law (and its statutory desce...
"In motor sports, a local authority can undoubtedly hold the fort between residents and operator and “restrict” the amount of nuisance rather than abate it,"
