Dear Colleagues;
The second decision of the UKSC on the issues arising from an allegation of private nuisance caused by operation of a speedway, in Coventry & Ors v Lawrence & Anor (No 2) [2014] UKSC
46 (23 July 2014) http://www.bailii.org/uk/cases/UKSC/2014/46.html raises some interesting issues. The Court
was required to consider the circumstances in which a landlord may be held liable for private nuisance committed by a tenant, and there was a difference of approach between the majority (Lord Neuberger, writing for himself and Lord Clarke and Lord Sumption)
and the minority (Lords Carnwath and Mance.) Partly one could see it as a question of fact on the particular circumstances, but there does seem to be a slightly different legal test applied, and the issues seem to have wider implications in terms of what will
amount to “participation” by someone in someone else’s tort so as to be a joint tortfeasor.
The other aspect of the decision is one that will be of most interest to UK colleagues but may have wider implications in the common law world down the track. Certain elements of the very high costs order that was made agains
the landlords were challenged as being contrary to the European Convention on Human Rights. The SC, especially Lord Neuberger, also seems to think these elements are outrageous, and has left it open to the parties, after joining the Attorney-General, to come back
and continue the challenge. We seem to have a Coventry (No 3) ahead of us.
Regards
Neil
NEIL FOSTER
Associate Professor
Associate Professor
Newcastle Law School
Faculty of Business and Law
Faculty of Business and Law
Further details: http://www.newcastle.edu.au/profile/neil-foster
The University of Newcastle (UoN)
University Drive
Callaghan NSW 2308
Australia
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