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Nuisance: right to sue

Series: Estates Gazette Case Summaries ; [2000] EGCS 56(1)Publication details: 2000Subject(s): Summary: CA 13 April 2000. "Pemberton v Southwark LBC". The appellant (P) had a tenancy agreement with the respondent council, but fell into arrears of rent. P subsequently became a 'tolerated trespasser' having failed to comply with the terms of a suspended possession order. P later commenced proceedings in nuisance against the council, and the question arose as to whether P had sufficient interest in the premises to bring action against the council. The judge held that she did not. The appellant appealed. "Held" appeal allowed.
Holdings
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News article London News article 1 Available 105812-1001

CA 13 April 2000. "Pemberton v Southwark LBC". The appellant (P) had a tenancy agreement with the respondent council, but fell into arrears of rent. P subsequently became a 'tolerated trespasser' having failed to comply with the terms of a suspended possession order. P later commenced proceedings in nuisance against the council, and the question arose as to whether P had sufficient interest in the premises to bring action against the council. The judge held that she did not. The appellant appealed. "Held" appeal allowed.