Private nuisance

Overview

A team of barristers at Landmark Chambers were on the winning side of the leading modern case about nuisance (Fearn v Tate) Tate [2023] UKSC 4), a ground breaking decision establishing that a “visual intrusion” (caused by a viewing gallery at Tate Modern) was a nuisance to neighbouring flats.

Our barristers frequently act in nuisance cases concerning developments - arising from such things as noise, dust, vibrations, flooding, or subsidence. Significant cases involving members of the group include:

• Timothy Taylor Ltd v Mayfair House Corp [2016] 4 WLR 100 - the issue was whether, when carrying out a development, a landlord had breached a covenant for quiet enjoyment contained in a lease. 
• Dennis v Ministry of Defence [2003] EWHC 793 and Jones v Ministry of Defence [2021] EWHC 2276 - cases about noise from Harrier jets
• Hirose Electrical UK Ltd v Peak Ingredients Ltd [2011] EWCA Civ 987 - smells from a food manufacturer
• Network Rail Infrastructure v Williams [2018] EWCA Civ 1514 - Japanese knotweed.

As well other cases involving allegations of nuisance bytree roots, bamboo and animals (including dogs, cockerels and badgers).