Who can sue in nuisance

Article Abstract:

A case heard in the UK House of Lords during 1997 clarified who was able to bring forward a legal action concerning private nuisance. The judge in a second case concerning nuisance took the judgement from the first case to decide a case of private nuisance can only be brought by those who have a sufficient interest in the building, such as a tenant or property owner. Butcher Robinson and Staples Ltd. were firms occupying an office building which was affected by work being carried out by London Transport. The judge did not consider they had a sufficient interest in the property.

Interpretation and construction, United Kingdom. Parliament. House of Lords, Nuisances, Nuisance

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Burning questions

Article Abstract:

A 1986 case heard in the UK Court of Appeal found subcontractors were not liable for the damage caused by their negligence as the contract had stated the employer had to take responsibility for damage caused by fire. In a later case heard in the courts a JCT 1980 contract was felt not to apply to a domestic subcontractor therefore they were liable for the fire damage caused by their actions. The JCT 1980 contracts are likely to lead to the courts awarding liability to subcontractors because the do not include the phrase 'sole risk'.

Property & Liability Insurance, Direct Property and Casualty Insurance Carriers, Surety insurance, Property and casualty insurance, Contracts, Liability insurance, Subcontracting, Liability for fire damages

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