BDB Pitmans recently successfully secured a court decision in A A Dennis and another v Head Start Day Nursery and another [2024] EHC 1248 (admin) involving the principles of nuisance. The nuisance was noise caused by a nursery school in a semi-detached Victorian property which was allegedly disturbing neighbours on the other side of the party wall. The claim failed in the Magistrates Court and an appeal by the neighbours was rejected by the Administrative Court. This ruling is one of the first on nuisance since the Supreme Court ruling in Fearn v Tate Modern in 2023 and provides clarity and reassurance for commercial occupiers.
In an article for Property Week, partner Tim Clark discusses what to consider when advising on allegations of nuisance.
An important point for corporate occupiers to bear in mind is that under the Environmental Protection Act 1990 a complaint can be made by any person on the ground that he is aggrieved by the existence of a statutory nuisance. The case will then proceed as a private prosecution in the Magistrates Court. This does have the advantage for the Defendant that the Complainant must prove the nuisance to the criminal standard.
The full article can be read on the Property Week website.