The Supreme Court Judgment in
Coventy v. Lawrence, delivered on 26 February 2014, has many
ramifications for the law of nuisance, but for property developers,
their architects and other professional advisors, a key
significance of the judgment is as to the assessment of risk of
injunction arising out of infringement of rights of light.
The noise nuisance in the case was
caused by the Fen Tigers motorcross track and stadium. The
Supreme Court held that a right to emit noise could arise by
prescription and is capable of constituting an easement. It
is therefore, for the purpose of remedies for breach, exactly
analogous to a right of light.
The appellants argued before the
Supreme Court that even if the noise was a nuisance at the original
trial the judge should have awarded damages in lieu of an
injunction. For many years the Courts have been guided as to
which remedy should be awarded by the famous Shelfer v. City of
London Electric Lighting Co. [1895] 1CH 287
