From: Wright, Richard <rwright@kentlaw.iit.edu>
To: Phillip Morgan <phillip.morgan@york.ac.uk>
CC: obligations@uwo.ca
Date: 28/02/2014 15:17:47 UTC
Subject: Re: UKSC on Nuisance
Thanks.  It is indeed an important and useful judgment on many points, including "the character of the neighborhood" understanding of "reasonable user" and backing away from strict application of the Shelfer criteria by, among other things, giving much more weight to the public interest when deciding whether to grant damages in lieu of an injunction, as argued for by a number of people on this list, many of whose works (but, sadly, not mine in the Obligations V Rights and Private Law collection) were cited in the opinions.
 
On Fri, Feb 28, 2014 at 5:00 AM, Phillip Morgan <phillip.morgan@york.ac.uk> wrote:

Dear All,

The United Kingdom Supreme Court has given judgment in an important case concerning the law of private nuisance, Coventry and others (Respondents) v Lawrence and another (Appellants) [2014] UKSC 13.  Unfortunately the case it is not yet up on BAILII or in HTML format, but I enclose a link to the PDF of the decision: http://supremecourt.uk/news/latest-judgments.html

The case deals with the issue of planning permission in the law of nuisance, character of the area, prescription, coming to the nuisance, and damages in lieu of injunctions.  It is certainly one to add to any undergraduate tort reading list.

Kind regards,

Phillip

_______________________
 
 
Phillip Morgan,
Lecturer in Law,
York Law School,
The University of York,
Freboys Lane, York,
YO10 5GD,
United  Kingdom,