Litigation and Alternative Dispute Resolution

By: James Patten
Clarkslegal LLP (Reading, England)

In the recent case of Coventry (T/A RDC Promotions) & Others -v- Lawrence & Others [2012] EWCA Civ 26, the Court of Appeal has overturned a High Court decision made in favour of a couple who complained about noise from a nearby speedway stadium and motocross track.

The case arose after the Claimants, Ms Lawrence and Mr Shields, purchased a residential property near Mildenhall, Suffolk in 2006.  After initially complaining to their local council, Ms Lawrence and Mr Shields commenced proceedings in the High Court against the owners and operators of the stadium and track alleging that the noise emanating from them constituted a “nuisance”.  A nuisance is an act which wrongfully disturbs or interferes with a person’s use or enjoyment of land. Click here to read entire article.