Advice needed!

[spudulike]

And the legal guys are often the only ones to come out of these disputes smiling!

[daltontrees]

On 06/12/2018 at 19:56, Gary Prentice said:

No worries, I enjoyed the process of sitting down and writing it.

You've certainly got your head round the issue. Nice to see someone arguing coherently and convincingly that that is how the law has to be. Perhaps you couldn't find the earlier posts by me about it because it was on UKTC. Or was it, I don't recall? The one about warning certainly was, as I recall looking at Canadian precedents with one of the guys over there.

 

The only minor thing I'd point out (and it is extremently minor) is that damage is not a prerequisite for a successful nuisance action, see the modern statement on the matter in the recent Network Rail decision, which I think rightly set aside the long held misconception arising from an obiter comment in Lemmon v Webb.