The claimants lived near Southampton Airport. The airport was altered to allow larger aircraft to use it, and they claimed damages for the increased noise and disturbance. Land had been acquired for additional parking. The number of aircraft flying would not increase, though the number of passengers would.
Held: A claim for noise disturbance could not be raised via a claim arising from the increased parking spaces. That increase was not intended to raise the number of flights.
Judges:
Tuckey LJ, Neuberger LJ, Lord Justice Ward (dissenting)
Citations:
[2005] EWCA Civ 93, Times 15-Feb-2005
Links:
Statutes:
Land Compensation Act 1973 9(6)
Jurisdiction:
England and Wales
Citing:
Cited – Regina (on the application of Gilbert) v Plymouth City Airport Limited; W W Thomas v Secretary of State for Transport, Environment and Regions CA 8-Feb-2001
The airport was the operator liable for compensation. The apron was extended to allow for two more helicopters to be based at the airport, and a neighbouring householder claimed compensation for loss to the value of his house. The Secretary’s . .
Cited – Sirius International Insurance Company (Publ) v FAI General Insurance Limited and others HL 2-Dec-2004
The appellant had taken certain insurance risks on behalf of the respondents, subject to banking indemnities. Disputes arose and were settled under a Tomlin order, which was now itself subject to challenge.
Held: The appeal was allowed. The . .
Cited – King v Telegraph Group Ltd CA 18-May-2004
The defendant appealed against interim costs orders made in the claim against it for defamation.
Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being . .
Lists of cited by and citing cases may be incomplete.
Land, Damages
Updated: 22 September 2022; Ref: scu.222556