The Public and Third Sector Law Reports
[2014] PTSR 384
Supreme Court
Lawrence and another v Fen Tigers Ltd and others
[2014] UKSC 13
2013 Nov 12,
13,
14;
2014 Feb 26
Lord Neuberger of Abbotsbury PSC, Lord Mance, Lord Clarke of Stone-cum-Ebony, Lord Sumption, Lord Carnwath JJSC
Nuisance— Private— Noise— Claimants bringing action for nuisance in respect of noise caused by motor sports at stadium and adjoining track— Defendants having carried out activities at stadium for over 20 years and stadium and track having planning permission for use for motor sports— Whether open to defendants to claim prescriptive right to commit what otherwise would be noise nuisance— Whether open to defendant to claim that claimants had come to nuisance— Factors relevant to whether activities constituting nuisance— Whether existence of planning permission determinant factor— Appropriate remedy in event of finding of nuisance— Factors relevant in deciding whether injunction or damages appropriate remedy