There are recognised causes of action beyond the contractual, (or asserting rights in property) which in the University sector it is easy to become preoccupied with. This week in the UK Supreme Court, on appeal from the Court of Appeal, is a case involving the tort of nuisance, tied up in a planning permission. Coventry v Lawrence involves nuisance created from motor sports, and the issue whether the grant of planning permission sanctions any nuisances flowing from the permitted activity.
As every student of the law knows, In Miller v Jackson  QB 966 (nuisance created by the sport of Cricket) Lord Denning MR began his judgment in classic style: ‘In Summertime, village Cricket is the delight of everyone.’ Doubtless Miller v Jackson is a case of its time, but Lord Denning’s judgment is a good frame of mind to begin any query into the law of ‘nuisance’.
The Court of Appeal decision in Coventry v Lawrence is attached. The Supreme Court appeal hearings run today and tomorrow.
Miller v Jackson, and the Court of Appeal decision in Coventry v Lawrence are available from the links below: