Rodney has brought proceedings against Joshua, claiming dama…
Rodney has brought proceedings against Joshua, claiming damages in tort for nuisance. The claim arises out of events that occurred a year ago when noise and unpleasant smells began emanating from the premises adjacent to Rodney’s. The premises were a freehold property alleged in the particulars of claim to be owned and occupied by Joshua. Joshua has filed a defence denying that he caused the nuisance and stating that he had sold the freehold in the property to Ashley 18 months ago. He also stated that Ashley was both the freehold owner and the occupier of the property at the relevant time. Enquiries made by Rodney’s solicitors have confirmed that Joshua’s defence is correct. What is the best advice to give Rodney about the next step he should take in the proceedings?