England and Wales Case Law

Kevin Cooper & Ors v Ludgate House Limited

The Claimants were the successful parties but not wholly successful, as they established liability and obtained substantial damages but failed to obtain an injunction. The Defendant's Part 36 offers did not alter the costs position because the Claimants either beat the offers (Powells) or the Defendant failed to prove its offer was more advantageous (Cooper). The Defendant's November 2024 offer was a valid Part 36 offer, but the burden of proving it was not beaten was not discharged.

Source excerpt

• Rights to light
• Damages in lieu of injunction
• Costs orders
• Part 36 offers
• Nuisance
• Statutory compensation

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Rubis Bahamas Ltd v Lillian Antoinette Russell (The Bahamas)

The Privy Council held Rubis could be liable under Rylands v Fletcher for contamination from a 2012 fuel leak, but remitted the case for factual findings on migration and damages.

• Rylands v fletcher
• Strict liability
• Nuisance
• Negligence
• Trespass
• Environmental contamination

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Valero Energy Ltd & Ors v Persons Unknown & Ors

Valero Energy Ltd & Ors v Persons Unknown & Ors [2026] EWHC 397 (KB) (23 February 2026)

The High Court kept Valero’s final injunction in force after its second annual review, finding no material change in risk from protest-related trespass or disruption.

• Injunctions
• Trespass
• Nuisance
• Quia timet relief
• Protest law
• Service by alternative means

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Valero Energy Limited & Ors v Persons Unknown & Ors

The High Court continued Valero’s final injunction against named and unknown environmental protesters, finding no material change since the last review and that the risk remained.

• Injunctions
• Persons unknown
• Environmental protests
• Trespass
• Nuisance
• Review hearings

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Birmingham City Council v Persons Unknown

The High Court granted Birmingham City Council interim injunctive relief against unknown protesters blocking depots and waste vehicles, and allowed alternative service.

• Service of process
• Injunctions
• Protest law
• Trespass
• Nuisance
• Public nuisance

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Richard Lukins & Anor v Quality Part X Limited & Anor

Summary judgment was entered for the defendants after the court held the claim was time-barred because legally represented claimants did not file electronically as required.

• Limitation of actions
• Summary judgment
• Procedural compliance
• Negligence
• Nuisance
• Limitation-of-actions

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Hawksmoor Wren Limited v Farah Cohen

The Upper Tribunal allowed a landlord-and-tenant appeal in part, finding additional lease breaches relating to terrace structures and Airbnb use affecting insurance.

• Breach of covenant
• Forfeiture
• Lease interpretation
• Airbnb use
• Insurance
• Nuisance

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The Mayor and Burgesses of the London Borough of Enfield v Charles Snell & Ors

Final injunctive relief is granted against persons unknown to prevent trespass, nuisance, and anti-social behaviour in the Relevant Area, as the Council demonstrated compelling justification, procedural compliance, and damages would not be an adequate remedy; named defendants are discharged but remain subject to the injunction if they re-offend.

Source excerpt

• Injunctions
• Trespass
• Nuisance
• Anti-social behaviour
• Local authority powers
• Riparian rights

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Abbotsley Limited & Anor v Pheasantland Limited & Ors

High Court judgment on Abbotsley Country Homes disputes over water supply, trespass, harassment, and lease forfeiture, dismissing the claims and allowing the counterclaim.

• Forfeiture of lease
• Trespass
• Water supply rights
• Harassment
• Nuisance
• Estoppel

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Barry Maguire & Anor v Sathita Phanphet & Anor

The Upper Tribunal held that replacing fixtures still breached a no-removal covenant, but upheld the First-tier Tribunal on insurance and nuisance grounds.

• Breach of covenant
• Removal of fixtures
• Insurance
• Nuisance
• Lease interpretation
• Lease-covenants

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