Should Mere Licensees Have the Right? What it Means to Have Title to Sue

By Nicholas Troy

It is well established that the tort of private nuisance can only be claimed by a plaintiff who has an adequate title to sue. However, despite almost a century of clear instruction by the courts as to what this meant, in 1993 the English Court of Appeal reconsidered who had title to sue, introducing a brief, but turbulent, period of uncertainty to the law. This article will canvas the various judgments in the story, explore why courts have decided the way they have, and hopefully put to rest a legal uncertainty that has plagued law students for years.