Judgment in the group litigation private nuisance case of Andrews v. Kronospan Ltd [2025] EWHC 2429 (TCC) provides many practical lessons in the conduct of such claims. The wider lessons include the importance of an early reality check as to whether the ‘threshold’ in establishing a nuisance will be met (in this case dust nuisance), and especially whether the risks of cross-examination should be better assessed at an early stage if the threshold is low. The judgment also shows that a judge can be swamped with too much expert evidence, especially in the TCC. Parties as well as a judge need to show restraint to avoid the risk of a full-blown inquiry rather than a trial of the merits.
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