Nuisance Claims

Whether you are facing a private nuisance or a public nuisance issue, MSR Solicitors has the expertise to address your concerns. We handle nuisance claims arising from issues such as noise, pollution, and other disturbances. Our team works diligently to find practical solutions and, if necessary, litigate to protect your right to a peaceful and enjoyable living or working environment.

Types of Nuisance Litigation We Handle:

1. Private Nuisance Claims:

MSR Solicitors specializes in private nuisance claims, addressing disturbances that interfere with the quiet enjoyment of property. This includes cases involving noise, odours, vibrations, or other activities that cause substantial and unreasonable interference.

Relevant Case Law:

  • Sturges v. Bridgman (1879) 11 Ch D 852: This case established the principle that what may be a reasonable use of property in one location may constitute a nuisance in another, emphasizing the importance of locality in nuisance claims.

Relevant Legislation:

  • Environmental Protection Act 1990: We leverage this legislation to address private nuisance claims, particularly in cases where the nuisance may have environmental implications.

2. Public Nuisance Claims:

MSR Solicitors handles public nuisance claims, which involve harm caused to the general public or a significant section of it. This may include cases related to pollution, dangerous structures, or activities that impact the public’s health, safety, or convenience.

Relevant Case Law:

  • Attorney General v. PYA Quarries Ltd [1957] 2 QB 169: This case clarified the elements of public nuisance and emphasized the role of the Attorney General in bringing actions on behalf of the public.

Relevant Legislation:

  • Criminal Law Act 1977: We refer to this legislation to address public nuisance claims, particularly in cases where the nuisance has criminal implications.

3. Statutory Nuisance Claims:

Our solicitors at MSR handle statutory nuisance claims, addressing disturbances explicitly defined by statute as nuisances. This may include issues such as noise, dust, smoke, or other forms of environmental pollution.

Relevant Case Law:

  • Southwark London Borough Council v. Ibrahim [1992] 24 HLR 90: This case highlighted the role of local authorities in addressing statutory nuisances and the need for prompt and effective action.

Relevant Legislation:

  • Environmental Protection Act 1990: We rely on the provisions of this act to address statutory nuisance claims, providing a framework for local authorities to take action.

Why Choose MSR Solicitors for Nuisance Claims:

1. Nuisance Law Expertise:

Our solicitors possess in-depth knowledge of nuisance law, staying abreast of legal developments to provide cutting-edge representation.

2. Effective Dispute Resolution:

MSR Solicitors employs negotiation and mediation skills to seek amicable resolutions whenever possible, minimizing the need for protracted litigation.

3. Client Advocacy:

We advocate for our clients’ rights, working diligently to secure injunctions, damages, or other remedies to address the harm caused by nuisances.

If you are experiencing a nuisance or seeking legal advice on a nuisance claim, contact MSR Solicitors today. Our dedicated team is ready to guide you through the complexities of nuisance litigation, advocating for your rights and seeking fair remedies to restore your peace and quality of life.

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