Nuisance

Overview

A team of barristers at Landmark Chambers were on the winning side of the leading modern case about nuisance (Fearn v Tate [2023]), a ground-breaking decision establishing that a “visual intrusion” (caused by a viewing gallery at Tate Modern) was a nuisance to neighbouring flats and reviewing the general law relating to nuisance.

Our barristers frequently act in nuisance cases concerning developments - arising from such things as noise, dust, vibrations, flooding, or subsidence. In Timothy Taylor v Mayfair the issue was whether, when carrying out a development, a landlord had breached a covenant for quiet enjoyment contained in a lease. Our barristers have also acted for the MOD in cases about noise from military aircraft (Dennis v MOD [2003] and Jones v MOD [2022]); smells from a food manufacturer (Hirose v Peak); Japanese knotweed (Network Rail v Williams); tree roots; bamboo; and animals (including dogs, cockerels and even badgers).