Coventry v Lawrence [2011] EWHC 360 (QB); [2012] EWCA Civ 26; [2014] UKSC 13 – Page 2 – Law Journals

Development Disputes: Injunctions post-Coventry v Lawrence

Douglas Rhodes considers the wide-ranging implications for property developers of the Supreme Court’s decision in Coventry v Lawrence ‘Led by Lord Neuberger, the Supreme Court unanimously decided that it was “quite simply wrong in principle” to apply the Shelfer test in a mechanical fashion and found that a much more flexible approach was necessary.’ Courts …

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Noise Nuisance: The Supreme Court rules

Daniel Gatty reviews the outcome of the decision in Coventry v Lawrence and its implications for nuisance claims ‘Does the grant of planning permission change the character of the neighbourhood in a way that makes lawful what would otherwise be a nuisance? In the Supreme Court’s view, the answer to that question will usually be …

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Planning And Environment Update: Permits and permissions as defences

Angus Evers and Juliet Munn consider whether planning permissions and environmental permits can provide an effective defence to a nuisance claim ‘Unless Parliament or the higher courts clearly direct otherwise, private law rights are unaffected by statutory regulation.’ Two recent cases have provided some clarity on the defence provided by environmental permits and planning permissions …

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Case Round Up

Paul Tonkin provides an overview of recent case law Break notice invalid where interest on late rent outstanding Avocet Industrial Estates LLP v Merol Ltd [2011] Merol was Avocet’s tenant of commercial premises under a lease that included a break option. The break option provided that the break notice would be of no effect if …

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Nuisance: Influence of planning permissions

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Jamie Kidd reviews Coventry v Lawrence and its implications for those affected by noise nuisance ‘It is a question of fact in every case whether the grant of planning permission followed by steps to implement such permission do have the effect of changing the character of the locality.’ Every person is entitled to the comfortable …

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