Podcast Location:
Download it here [file size: 29.7 MB]
Categories:
Litigation & Dispute Resolution
Environmental Law
Planning
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast considers the law of private and statutory nuisance and some of the issues that can give rise to claims under this tort. It draws attention to the nuisance actions of two recent cases, Barr v Biffa and Coventry v Lawrence, and outlines the way in which the courts will calculate damages and the remedies available.

Outcomes:
After completing the course you will:
  • Understand what the tort of private and statutory nuisance is;
  • Appreciate the ways in which nuisance claims arise;
  • Be aware of the courts considerations in private and statutory nuisance claims when calculating damages;
  • Appreciate how the Jackson Reforms may affect nuisance claims in the future;
  • Understand the procedural steps that should be taken in private and statutory nuisance claims.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Legislative Updates
Sources and References:
  • Barr & Others v Biffa Waste Services [2012] EWCA Civ 312;
  • Cambridge Water Co Ltd v Eastern Countries Leather plc [1994] 1 All ER 53;
  • Coventry & Lawrence [2012] EWCA Civ 26;
  • Environmental Protection Act 1990;
  • Gillingham Borough Council v Medway (Chatham) Dock Co Ltd [1993] QB 343;
  • Wheeler v Saunders Ltd [1994] EWCA Civ 32.

In this podcast Stephen Tromans QC from 39 Essex Chambers outlines private and statutory nuisance. He examines the recent cases of importance before considering whether decisions under the planning system should have any effect on restricting the private law rights of those affected by nuisance.

Date Recorded: 30th October 2012

NEW! TRANSCRIPT INCLUDED IN ADDITIONAL INFORMATION

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