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At least the claimants were able to get ATE insurance. In many private nuisance cases, the claimants are unable to find (or fund) ATE insurance, with the result that they are powerless to do anything about the nuisance (other than complain to the local planning authority, which - ex hypothesi - does not intend to take effective steps to terminate the nuisance).

It is also worth noting that one of the reasons for the high costs in Coventry was that the case went all the way to the Supreme Court. Had the Court of Appeal not got it wrong, the matter would probably never have ended up there. Who gave the lead judgment in the Court of Appeal? Jackson LJ.

Equally depressing is the fact that, by its own decision in Coventy v Lawrence (No. 1), the Supreme Court has made a mess of the law on awarding damages in lieu of an injunction. The effects (and costs consequences) of that aspect of the case will be felt for years to come.