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Lloyds Bank plc v Guardian Assurance plc: CA 1986

The statutory control over building works provided under s.60 is capable of operating quite separately from the private law tort of nuisance. Judges: Sir John Arnold P and Nourse LJ Citations: [1986] 35 BLR 34 Statutes: Control of Pollution Act 1974 60 Jurisdiction: England and Wales Cited by: Cited – Hiscox Syndicates Ltd and Another … Continue reading Lloyds Bank plc v Guardian Assurance plc: CA 1986

City of London Corporation v Bovis Construction Ltd: CA 18 Apr 1988

An injunction had been granted to restrain Bovis from causing a noise nuisance outside certain hours specified in a notice served by the council under the 1974 Act which created a criminal offence ‘without reasonable excuse’ to contravene the notice. A number of informations were laid against Bovis but they were adjourned and the injunction … Continue reading City of London Corporation v Bovis Construction Ltd: CA 18 Apr 1988

A Lambert Flat Management Ltd v Lomas: 1981

The court considered the relationship between the appeals procedure provided for by the regulations and the ‘reasonable excuse for non-compliance’ provisions in s.58(1)(4) of the statute. Held: Skinner J said: ‘I prefer to look at the scheme laid down in this Act and its associated Regulations. A comprehensive right of appeal is given by s.58(3) … Continue reading A Lambert Flat Management Ltd v Lomas: 1981

Hiscox Syndicates Ltd and Another v The Pinnacle Ltd and others: ChD 25 Jan 2008

The claimants sought an injunction in nuisance, saying that the defendants had agreed to use all reasonable endeavours to avoid causing a nuisance to them in demolition works on their neighbouring land. Held: The injunction should be granted. It was a matter of fact and degree as to whether all proper and reasonable steps were … Continue reading Hiscox Syndicates Ltd and Another v The Pinnacle Ltd and others: ChD 25 Jan 2008

Ghaidan v Godin-Mendoza: HL 21 Jun 2004

Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004