Lawrence v Fen Tigers Ltd

Subject Matter

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

[2012] EWCA Civ 26; [2012] 1 WLR 2127; [2012] PTSR 1505; [2012] 3 All ER 168; [2012] WLR (D) 49, CA

NUISANCE — Private — Noise — Claimants obtaining damages for nuisance against tenant and operators of motorsport stadium and motocross track — Whether landlords of site additionally liable to damages

[2014] UKSC 46; [2015] AC 106; [2014] 3 WLR 555; [2014] PTSR 1014; [2014] 4 All ER 517; [2014] WLR (D) 332; [2015] WLR (D) 332; Case details, SC(E)

COSTS — Order for costs — Success fees and after the event insurance premiums — Costs regime in place between 1999 and 2013 allowing for recovery of such fees and premiums — Claim brought in nuisance in 2009 — Claimants entering into conditional fee agreement with provision for success fees for counsel and solicitors, having also paid after the event insurance premium — Judge finding for claimants and ordering defendants to pay 60% of success fee and of premium in addition to claimants’ base costs — Defendants’ liability in costs far in excess of value of claim — Whether requirement to pay claimant’s success fee and premium in breach of defendants’ Convention rights to fair trial and to enjoyment of possessions — Whether success fee and premium recoverable — Whether judge’s costs order to stand — Courts and Legal Services Act 1990, s 58A(6)(7) (as inserted by Access to Justice Act 1999, s 27) — Access to Justice Act 1999, s 29 — CPR r 43.2(1)(a)(o); Costs Practice Direction supplementing CPR Pts 43—48, paras 11.7, 11.9

[2015] UKSC 50; [2015] 1 WLR 3485; [2016] 2 All ER 97; [2014] WLR (D) 332; [2015] WLR (D) 332; Case details, SC(E)

Appellate History

Commentary

New Law Journal
Winners & Losers 165 NLJ 7645, p17

Lessons to be learnt 165 NLJ 7654, p13

UK Supreme Court Blog
Case Comment: Coventry v Lawrence [2015] UKSC 50 Case comment

Blackstones Civil Practice 2023
Form of the Order - Operative provisions 37.66

American Cyanamid Guidelines - Adequacy of damages to the applicant 37.24

American Cyanamid Guidelines - Undertakings in damages - Examples 37.30

Right to a Fair and Public Hearing and Civil Litigation - Financial constraints on access to justice 91.45