Consequential judgment. Mr Coventry had been found liable in the principle judgment in nuisance to the appellant neighbours. The Court was now asked as to several matters arising. First, to what extent were the defendants’ landlords liable to the claimants, and second as to the suspension of the injunctions whilst the property to be protected was not occupied.
Held: The injunction should be suspended. The landlords should be discharged from liability, but wth no order for costs in their favour. Further orders as to the costs scheme required the involvement of the Attorney-General etc and a final hearing was adjourned.
Lord Neuberger, President, Lord Mance, Lord Clarke, Lord Sumption, Lord Carnwath
[2014] UKSC 46, [2014] WLR(D) 332, UKSC 2012/0076, [2014] PTSR 1014, [2014] 4 All ER 517, [2015] 1 AC 106, [2014] 3 WLR 555, [2014] HLR 42, [2014] 5 Costs LO 759, [2014] 2 P andCR 19
Bailii, SC Summary, SC, WLRD, SC Summary Video
England and Wales
Citing:
Appeal from – Coventry (T/A RDC Promotions and Another v Lawrence and Others CA 27-Feb-2012
The appellants, owners of a motor sport racing circuit, appealed against a finding that their activities constituted a nuisance, given that they had planning permissions for the use.
Held: The appeal succeeded. The judge had erred in holding . .
Principal judgment – Coventry and Others v Lawrence and Another SC 26-Feb-2014
C operated a motor racing circuit as tenant. The neighbour L objected that the noise emitted by the operations were a nuisance. C replied that the fact of his having planning consent meant that it was not a nuisance.
Held: The neighbour’s . .
Cited – Smith v Scott ChD 1973
It is not open to the court to reshape the law relating to the rights and liabilities of landowners by applying the principle of Donoghue v Stevenson [1932] AC 562 and thus saying that a landowner owed a duty of care to his neighbour when selecting . .
Cited – Southwark London Borough Council v Mills/Tanner; Baxter v Camden London Borough Council HL 21-Oct-1999
Tenants of council flats with ineffective sound insulation argued that the landlord council was in breach of the covenant for quiet enjoyment in their tenancy agreements.
Held: A landlord’s duty to allow quiet enjoyment does not extend to a . .
Cited – Smith v Scott ChD 1973
It is not open to the court to reshape the law relating to the rights and liabilities of landowners by applying the principle of Donoghue v Stevenson [1932] AC 562 and thus saying that a landowner owed a duty of care to his neighbour when selecting . .
Cited – Malzy v Eicholz CA 1916
A tenant claimed against his landlord seeking to make him responsible for the nuisance of a co-tenant.
Held: The claim failed.
Lord Cozens-Hardy MR said: ‘A lessor is not liable in damages to his lessee under a covenant for quiet . .
Cited – Sampson v Hodson-Pressinger CA 1981
The defendant owned a Victorian house which had been converted vertically into apartments. He let them to tenants under agreements containing the usual covenant of quiet enjoyment. One of the upper storey apartments had made use of the flat roof of . .
Cited – Banfai v Formula Fun Centre Inc 13-Dec-1984
Canlii Ontario – Superior Court of Justice – The defendants operated an automobile-racing amusement ride on land adjacent to the plaintiffs’ motels. The plaintiffs and their customers complained of the noise . .
Cited – Tetley v Chitty 1986
A local council had granted planning permission to a go-kart club to develop a go-kart track on land owned by the authority, and had granted the club a seven year lease to use it for that express purpose.
Held: The council were held liable in . .
Cited – Chartered Trust Plc v Davies CA 31-Jul-1997
. .
Cited – Simmons v Castle CA 10-Oct-2012
The court amended its earlier judgment as to the overall increase in the level of damages to be awarded in personal injury cases.
The system enacted in the 1999 Act remains in force in relation to litigation brought pursuant to conditional fee . .
Cited – Campbell v MGN Ltd (No 2) HL 20-Oct-2005
The appellant sought to challenge the level of costs sought by the claimant after she had succeeded in her appeal to the House. Though a relatively small sum had been awarded, the costs and success fee were very substantial. The newspaper claimed . .
Cited by:
Adjourned from – Coventry and Others v Lawrence and Another SC 22-Jul-2015
The appellants challenged the compatibility with the European Convention on Human Rights of the system for recovery of costs in civil litigation in England and Wales following the passing of the Access to Justice Act 1999. The parties had been . .
Lists of cited by and citing cases may be incomplete.
Nuisance, Costs, Litigation Practice
Updated: 31 October 2021; Ref: scu.535436