Tricia Hemans and Daniel Black pen an article for the New Law Journal on common law nuisance 29 April 2025
In an article for the New Law Journal titled "Child's play?", Tricia Hemans & Daniel Black consider common law nuisance and an interesting High Court decision on noise from a nursery.
IN BRIEF
- Dennis v Head Start offers the chance to consider how nuisance is operating post Fearn.
- The district judge found that aggrieved persons had ‘exaggerated their responses to the noise to fit their case’. The expert evidence, paired with lay evidence, was ‘clearly’ enough to find there was no substantial interference.
- Explores the second limb, which was hypothetical in this case: common and ordinary use of the land.
You can read the full article here.
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