Supreme Court reconsiders nuisance and the power to award damages in lieu of an injunction
Please see Alerter by Chloe Campbell on the recent Supreme Court decision in Coventry v Lawrence  UKSC 13 concerning actions in private nuisance. This is an important decision for anyone practicing in the field of environmental nuisance claims and provides clarity on a number of matters including:
- Whether one can obtain a right by prescription to commit what would otherwise be a nuisance
- The viability of the defence that the claimant “came to the nuisance”
- Whether the activities that form part of the alleged nuisance can be taken into account when assessing the character of the neighbourhood
- The effect of planning permission
- The power to award damages instead of an injunction
Henderson Chambers occupies a unique position in the market which is ideally placed for large scale environmental damage litigation. Henderson Chambers is at the forefront of civil group action litigation. The Environment Law team within Henderson Chambers has experience at every level and in every Court in the land in respect of environmental damage cases.
The environmental expertise of Henderson Chambers is recognised nationally and internationally. Whether it is the dumping of waste oils off the Ivory Coast, or allegations of exposure to radiation during atomic testing in the South Pacific, Henderson Chambers provides expert Counsel to clients across the globe. From the claims of Peruvian miners and the claims of Colombian farmers to the claims of residents in the Niger Delta, Henderson Chambers are the experts at defending environmental damage claims.