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England and Wales Case Law

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Property law [2026] EWHC 355 (Ch)

Whiston v Leonard & Anor

Whiston v Leonard & Anor [2026] EWHC 355 (Ch) (20 February 2026)

Appeal over a farm right of way dismissed, with the cross-appeal also dismissed. The court upheld findings on substantial interference, Barn Door access, and costs.

  • Right of way
  • Easements
  • Private nuisance
  • Costs
  • Declaratory relief
  • Right-of-way
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Tort law [2025] EWHC 2204 (KB)

Brown v Morgan Sindall Construction and Infrastructure Ltd

Brown v Morgan Sindall Construction and Infrastructure Ltd [2025] EWHC 2204 (KB) (22 August 2025)

High Court claim arising from a cycling accident on Pitfield Street. The court found the contractor negligent in installing and maintaining bollards, and rejected dishonesty allegations.

  • Employer's liability
  • Highway safety
  • Construction site liability
  • Risk assessment
  • Duty of care
  • Causation
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Property law

Kevin Cooper v Ludgate House Limited

The court found Arbor caused actionable rights-of-light interference, refused an injunction, and awarded damages in lieu on a negotiating basis.

  • Rights of light
  • Damages in lieu of injunction
  • Negotiating damages
  • Diminution in value
  • Statutory compensation
  • Housing and planning act 2016
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Tort

Martin Craig Nicholas & Ors v Barnes Davison Thomas & Anor

The defendants, through acts of excessive noise and visual disturbance during the falcon breeding season, committed actionable nuisance and negligence, causing the death of three falcons and loss of eggs, for which damages are recoverable. The acts were not malicious but were undertaken without proper consideration of the claimants' sensitive use. Mr Thomas is personally liable as he authorised and procured the acts. The claim for harassment failed as the proven acts did not reach the threshold of oppressive conduct under the 1997 Act. Injunctive relief was refused; damages were awarded.

  • Private nuisance
  • Negligence
  • Harassment under protection from harassment act 1997
  • Damages for nuisance
  • Director liability for torts
  • Remoteness of damage
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Property law [2025] EWHC 1884 (Ch)

HLS Leisure Ltd v Darville and Son Ltd

HLS Leisure Ltd v Darville and Son Ltd [2025] EWHC 1884 (Ch) (23 July 2025)

The High Court dismissed an appeal over nuisance caused by tenant-installed ducting, holding the ducting formed part of the tenant’s demise and was not the landlord’s responsibility.

  • Landlord liability
  • Fixtures and fittings
  • Nuisance (noise and hygiene)
  • Lease interpretation
  • Nuisance
  • Landlord-and-tenant
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Property law

HLS Leisure Limited v Darville and Son Limited

The High Court dismissed an appeal, holding that ventilation ducting serving a takeaway formed part of the tenant’s demise and so the landlord was not liable in nuisance.

  • Fixtures and fittings
  • Demised premises
  • Landlord liability
  • Lease interpretation
  • Removal of fixtures
  • Fixtures-and-fittings
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Property law [2025] EWHC 1724 (Ch)

Cooper v Ludgate House Ltd

Cooper v Ludgate House Ltd [2025] EWHC 1724 (Ch) (08 July 2025)

High Court rights of light case about the Arbor development at Bankside Yards, addressing nuisance, measurement methods, injunctions and damages.

  • Rights of light
  • Nuisance
  • Damages
  • Injunctions
  • Compulsory purchase
  • Planning permission
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Property law [2023] EWHC 683 (Ch)

Bucknell v Alchemy Estates (Holywell) Ltd

Bucknell v Alchemy Estates (Holywell) Ltd [2023] EWHC 683 (Ch) (04 April 2023)

The High Court held that a 1972 right of way over a driveway bound the claimant and allowed access to two new houses, finding no excessive user or nuisance.

  • Excessive use of right of way
  • Nuisance
  • Interpretation of conveyance
  • Land registration
  • Burden and standard of proof
  • Easements
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.