Andrew Francis writes for New Law Journal: Private nuisance
The recent decision of the Supreme Court in Fearn & Ors v Board of Trustees of the Tate Gallery which set out the law on private nuisance and which attracted a large amount of media attention in the legal and non-legal spheres was the subject of this article by Andrew Francis in the New Law Journal on 24th February.
This article was first published in New Law Journal.
It contains a careful analysis of the majority judgment of the Court as well as references to the dissenting judgment. This analysis, reflecting Andrew’s practice, is directed from a property lawyer’s perspective and cross-reference is made to other property rights designed to protect owners and users of land.
Andrew plans to write another article on private nuisance which considers the remedies for breach of that tort in the light of the recent Court of Appeal judgment in Davies v Bridgend CBC. This was an issue left open by the Supreme Court for future determination. This article will appear as a SerleShare shortly.
