One area of litigation that needs to be considered in the context of Jackson LJ’s review into extending the present civil fixed recoverable costs regime in England and Wales is neighbourhood tort claims for noise, dust and odour nuisance, often instigated by individuals or groups of individuals against an authority or corporate entity. Continue reading
A county court judge, Recorder Grubb, gave a judgment (Waistell v Network Rail Infrastructure Limited (2017) (County Court) (unreported)) in what is thought to be the first decided claim for damages arising from the existence of Japanese Knotweed on a neighbour’s land. Although it is not a binding decision, it could open the floodgates for a large number of other claims, if it is challenged in the higher courts and upheld. Continue reading
Jackson LJ is touring the country collating information from legal practitioners to assist him with his proposed extension of fixed costs. He stated, in the introduction, that he was considering: