Lawyer authors article in ‘Estates Gazette’ on Supreme Court decision, runner-up in PLA competition

BCLP Associate Phil Spencer authored an article published July 15 by Estates Gazette (subscription required) on whether the recent Supreme Court decision in Fearn opened the floodgates for claims in nuisance based on overlooking. “By the time Fearn reached the Supreme Court, the question for determination was a narrow one, confined to whether the lower courts had erred in denying the claimants a remedy under the tort of private nuisance,” he wrote. “The majority judgment reviewed the existing law and found it had been incorrectly applied to the facts and a remedy was therefore due.”

Phil’s article was chosen as the runner-up in the Property Litigation Association’s 2023 Alan Langleben Memorial Blog Competition, which was praised as “thoughtful and wide-ranging.”