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Private nuisance—general principles

Private nuisance—general principles What situations can give rise to a claim? Private nuisance is a ‘violation of real property rights’. It involves substantial interference with the claimant’s ordinary enjoyment of their land, often by noise or smell, or by encroachment or actual physical damage to their property. Nuisance may be caused by inaction or omission as well as by positive activity, and there is a central principle of ‘give and take, live and let live’. Interference with the enjoyment of an easement relating to the claimant’s land may also constitute a nuisance, the right to light being the most common type of claim in this category. Nuisance is sometimes broken down into the following categories, although they are merely examples under the broad umbrella of ‘violation of property rights’: • encroachment on a neighbour's land • direct physical injury to a neighbour's land • interference with a neighbour's quiet enjoyment of their land It is said that ‘the categories of nuisance are not closed’ and that ‘anything short of...

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Particulars of claim for occupational stress caused by harassment at work

Particulars of claim for occupational stress caused by harassment at work IN THE COUNTY COURT AT [insert] claim No. [insert claim number] Between [Mr A B]        Claimant -and- [C D PLC]        Defendant __________________________________ Particulars of claim __________________________________ 1 At all material times, the Claimant was employed by the Defendant as a mail sorter at its Islington office and acting in the course of his employment. The Claimant’s employment commenced on [insert date]. At all material times, the Claimant’s line manager was [insert name of Claimant’s line manager, eg Mr Bloggs]. [Mr Bloggs]’ line manager was [insert name, eg Mr Jones]. The Defendant’s Managing Director was [insert name, eg, Mr Smith]. 2 The Defendant owed the Claimant the following duties in tort and/or contract: 2.1 a duty to take reasonable care of the Claimant’s health and safety, which included employing competent fellow workers; and/or 2.2 a duty to take reasonable care to prevent the Claimant from suffering foreseeable psychiatric injury in the course of or as a result of...

Letter of claim—a living mesothelioma claimant who was exposed to asbestos from the work clothes of a family member

Letter of claim—a living mesothelioma claimant who was exposed to asbestos from the work clothes of a family member      Your ref:Our ref:Please ask for:Date:Direct Line:Email:      Dear [insert organisation name] URGENT—LIVING MESOTHELIOMA CLAIMANT YOU MUST DEAL WITH THIS LETTER IMMEDIATELY Re: Our Client: Address: Date of Birth: National Insurance Number: Your Previous Employee: Date of Birth: Date of Death: National Insurance Number: Place of Work: We are instructed by our above named client in respect of a claim for damages due to personal injury in connection with exposure to asbestos, as a consequence of asbestos dust carried home on the work clothes of a family member, [insert relation eg husband, wife or parent and insert their name] while they were employed by [insert employer’s name] between [insert dates]. It is for this reason we are directing the claim to you. We are writing this letter in accordance with the Pre-Action Protocol for Disease and Illness Claims. Please confirm the identity of your insurers. Please...