Private nuisance meaning

Birmingham City Council v Persons Unknown (Re Protests in Support of the Bin Workers’ Strike) [2026] EWHC 373 (KB) What are the practical implications of this case? The ruling confirms that public bodies may secure protest injunctions against ‘persons unknown’ when there is cogent proof of mounting, intentional disruption, provided procedural protections are scrupulously followed. By declining to waive service, the court emphasised that CPR 6.16 demands truly exceptional circumstances. Accordingly, claimants should implement robust alternative notification measures and adhere closely to CPR 6.15, with explicit provisions on deemed service and liberty to apply. Injunction terms should be bounded by time and geography, and supported by precise evidence addressing trespass, private nuisance and public nuisance. On substance, the decision clearly distinguishes peaceful assembly from intentional blockage of access or critical services. Although Articles 10 and 11 are in play, persistent, targeted interference with public services is unlikely to sit at the heart of the protected rights...

In this issue: Enforcing security and property insolvency Service charges Disputes and remedies Repairing obligations and dilapidations Residential tenancies Rent and rates Contractual issues Additional Property Disputes updates LexTalk®Property Disputes: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Latest Q&As Enforcing security and property insolvency Applications for possession and sale of the family home in bankruptcy (Armstrong v Temblett) The matter involved an application by Mr Armstrong, acting as trustee in bankruptcy (the trustee), seeking an order for possession and sale of Mrs Vanessa Temblett’s London property, jointly owned with her husband (the London property). The court determined that, under section 335A of the Insolvency Act 1986 (IA 1986), the trustee was entitled to possession and sale, as no exceptional circumstances were identified to rebut the statutory presumption that creditors’ interests prevail over other factors. The judgment highlights the need for practitioners...

In this issue: Key developments and horizon scanning Repairing obligations and dilapidations Disputes and remedies Property disputes in Scotland Additional Property Disputes updates LexTalk® Property Disputes: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&As Key developments and horizon scanning MHCLG publishes factsheet on implementation of the Renters’ Rights Act 2025 MHCLG has released a factsheet setting out how the Renters’ Rights Act 2025 (RRA 2025) will be rolled out for assured tenancies in social housing. From 1 May 2026, the reforms will extend to the private rented sector and to assured social housing tenancies where the landlord is not a Private Registered Provider (PRP). PRP social housing tenancies remain outside scope for now and are scheduled to be included from October 2027. In the meantime, PRPs must keep using the pre-1 May 2026 legal regime, including existing possession routes, tenancy forms...

Sources of rights and responsibilities for flood management and drainage The legal framework governing flood management and drainage originated in the nineteenth century within land law. Back then, these issues were treated as private matters to be resolved between neighbouring owners. Over time, policy shifted to acknowledge flooding as a collective challenge, with public bodies now central to preventing and managing floods for communities. Even so, many core rights and obligations concerning flooding and drainage still attach to, and pass with, ownership of land. Landowners therefore need a clear grasp of their rights and duties in this area. Indeed, when a flooding dispute emerges, landowner rights and responsibilities are often the first point to consider. This Practice Note sets out the principal sources of those rights and responsibilities for flood management and drainage, together with the key considerations for landowners. Restrictive and positive covenants When considering the rights and responsibilities of landowners for flood management and drainage, the starting point is the title register or other title...

Public nuisance The common law offence of public nuisance was abolished by section 78 of the Police, Crime, Sentencing and Courts Act 2022 (PCSCA 2022) and supplanted by a statutory offence of intentionally or recklessly causing serious harm to the public. That said, the common law offence still technically applies to conduct committed before PCSCA 2002, s 78 took effect, or which began prior to PCSCA 2022, s 78 coming into force and continued thereafter. It is, however, highly unlikely that prosecutions will proceed under the common law. See: Public nuisance under common law. Common law public nuisance endures as a tort in civil law, and PCSCA 2022, s 78(8) states the statutory offence does not affect liability for that tort. Statutory offence of intentionally or recklessly causing a public nuisance Although PCSCA 2022 does not expressly use the term ‘public nuisance’ in its wording, it nevertheless places the offence into statute. The section’s sub-heading is: ‘Intentionally or recklessly causing public nuisance’. A person commits...

This Practice Note examines claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of the duty of care outside a statutory duty, see the following Practice Notes: Negligence—when does a duty of care arise? Negligence—when is the duty of care breached? —nature of liability A claimant who suffers loss or injury in circumstances where a defendant has contravened a statutory requirement may, in some cases, recover damages in tort, even if the facts do not fall within the scope of a recognised tort such as negligence. Where the statute expressly provides a right to damages, the position will generally be straightforward. In the absence of such a provision, the availability of a claim turns on Parliament’s intention, which must be identified by construing the statute in question. Because that intention is seldom explicit, the courts have developed a series of tests and presumptions, applied both to the legislative wording and to the facts...

Before the [ insert name ] Magistrates' Court on [ insert date ] Defendant: [ insert name of the individual liable for the statutory nuisance OR, where appropriate, the owner of the premises from which the nuisance originates ] Address: [ insert address ] Matter of complaint That, on [ insert date ], a statutory nuisance, within meaning of Environmental Protection Act 1990, s 79(1) [ specify paragraph ], was present at [ specify the premises and its address ] and still persists now, and that [ name of person responsible for the statutory nuisance ] remains responsible for the statutory nuisance...

[ insert address of claimant's instructing solicitor ] [ insert date ] To: [ insert name of person or local authority responsible; and address ] [ insert name ], Existence of a statutory nuisance Notice under section 82(6) of environmental protection act 1990 We act for our client, [ insert name ], and hereby give you notice of [ his OR her OR its ] intention to commence proceedings against [ you OR your authority ] under the provisions of Section 82 of the Environmental Protection Act 1990...

For this Q&A, it is assumed that the lighting apparatus is intended to illuminate the highway, and that the local council is, in addition, the highway authority as well for these purposes...

Under section 133 of the Highways Act 1980 (HiA 1980), a local highway authority may, where a footway forming part of a street that is a highway maintainable at public expense is harmed as a result of any excavation or other operations on land adjoining (as defined by HiA 1980, s 186) the highway, carry out the necessary repairs and reclaim the expense thereby incurred from either the landowner or the person responsible for the damage. See Commentary: Damage to footway by excavation: Halsbury's Laws of England [378]. In addition, HiA 1980, s 130 confers a broader power to assert, uphold and safeguard the rights of the public to use and enjoy the highway as such accordingly. See Commentary: General duty of highway authority: Halsbury's Laws of England [372]...