The plaintiff company were tenants of land adjoining land owned by the defendant council. Gypsies came to occupy the defendant’s land over several years and in increasing numbers. The Authority had obtained a possession order but had failed to enforce it being concerned that with no proper site elsewhere to move onto further damage would be caused. The plaintiffs claimed for damages in their reduced turnover.
Held: The plaintiffs succeeded. The defendants had the power and duty to provide alternative sites, and their delay of five years was unreasonable. The choice not to enforce the possession orders was from the Council’s own desire to avoid disturbance elsewhere, and therefore amounted to an adoption of the nuisance. However, the drop in turnover would not necessarily reflect directly in a loss of profit, and the plaintiff’s had to give credit for the associated reduction in their rating assessment.
Judges:
Balcombe J
Citations:
(1980) 78 LGR 505
Cited by:
Appeal from – Page Motors v Epsom Borough Council CA 9-Jul-1981
The plaintiffs were lessees of land neighbouring that of the Council. Over several years the council’s land had been occupied by gypsies who, it was said had damaged the plaintiff’s business. Though the Council had obtained a possession order in . .
Lists of cited by and citing cases may be incomplete.
Nuisance, Local Government, Damages
Updated: 15 May 2022; Ref: scu.445030