One of the things many students find difficult when first studying law is the need to apply the principles to the facts of a situation, regardless of personal feeling. The need for certainty and consistency is emphasised, and it is generally acknowledged that justice would be seriously undermined if every judge made a personal decision in the instant case based simply on the fact that he/she thought it fair, popular or convenient. The same should be true for a rugby referee.
It’s no secret that I’m not a particular lover of Tort. I dislike those nasty negligence cases but, as a longtime lover of Land law, I have always enjoyed the Torts of nuisance and trespass. The other day I happened upon a newspaper article explaining the basics of trespass as they related to one’s garden. The article was interesting, and legally correct, and no doubt extremely helpful to many people. I can see that not everyone is aware that it is a trespass to lean a bag of rubbish up someone else’s fence or wall, or to grow plants up the structure, or to paint it – unless you have express permission. If you ask me, Alan Titchmarsh and Co. have a lot to answer for here – as I recall dear old Ground Force didn’t have too many qualms about applying a uniform stain to all of the fences around a garden, regardless of ownership! Continue reading
Summer. That wonderful time of year when you can take time out, enjoy the seaside, watch the Tour de France on TV and generally enjoy yourself. The time when exams are over, classes are finished and students don’t keep emailing you with revision questions.