References: [1862] LR 3 B&S 62, [1862] EWHC Exch J63, [1862] EngR 907, (1862) 3 B & S 66, (1862) 122 ER 27
Links: Bailii, Commonlii
Coram: Bramwell B, Pollock CB
The defendant burned bricks on his land, causing a nuisance to his neighbours.
Held: It was no answer to an action for damages that he selected a proper place within his land for an activity which would interfere with a neighbour’s enjoyment of his own land.
Pollock CB said: ‘I do not think that the nuisance for which an action will lie is capable of any legal definition which will be applicable to all cases and useful in deciding them. The question so entirely depends on the surrounding circumstances, the place where, the time when, the alleged nuisance, what the mode of committing it, how, and the duration of it, whether temporary or permanent, occasional or continual, as to make it impossible to lay down any rule of law applicable to every case & which will also be useful in assisting a jury to come to a satisfactory conclusion, it must at all times be a question of fact with reference to all the circumstances of the case.’ A landowner will not be liable in nuisance for the consequences of what would be recognised as a natural use of his land by him, unless the quality or extent of that use by him was unreasonable: ‘ . . those acts necessary for the common and ordinary use and occupation of land and houses may be done, if conveniently done, without subjecting those who do them to an action.’
This case cites:
- See Also – Bamford -v- Turnley ([1860] EngR 10, Commonlii, (1860) 2 F & F 231, (1860) 175 ER 1037)
Brick-kilns near a dwelling-house, purchased with notice, held, no nuisance, and, on a count for keeping ash heaps in the process of brick-making, plaintiff held entitled only to nominal damage. . . - See Also – Bamford -v- Turnley ([1860] EngR 1082, Commonlii, (1860) 3 B & S 62, (1860) 122 ER 25)
An action lies for a nuisance to the house or land of a person, whenever, taking all the circumstances into consideration, including the nature and extent of the plaintiff’s enjoyment before the act complained of, the annoyance is sufficiently great . .
This case is cited by:
- Cited – Transco plc -v- Stockport Metropolitan Borough Council HL (House of Lords, [2003] UKHL 61, Bailii, Times 20-Nov-03, [2004] 1 ALL ER 589, 91 Con LR 28, [2004] 2 AC 1, [2004] Env LR 24, [2004] 1 P & CR DG12, [2003] 3 WLR 1467, [2003] 48 EGCS 127, [2003] NPC 143)
The claimant laid a large gas main through an embankment. A large water supply pipe nearby broke, and very substantial volumes of water escaped, causing the embankment to slip, and the gas main to fracture.
Held: The rule in Rylands v Fletcher . . - Cited – Arscott and others -v- Coal Authority and Another CA (Bailii, [2004] EWCA Civ 892, [2005] Env LR6)
The defendant had deposited coal wastes. When the river Taff flooded, the spoil heaps diverted the floods to damage the claimants’ homes. They appealed refusal of their claims in nuisance. The judge applied the common enemy rule: ‘an owner or . . - Cited – Cambridge Water Company -v- Eastern Counties Leather Plc HL (Times 10-Dec-93, Gazette 16-Mar-94, Independent 10-Dec-93, lip, (1994) 1 All ER 53, [1994] 2 WLR 53, [1994] 2 AC 264, Bailii, [1993] UKHL 12)
The plaintiffs sought damages and an injunction after the defendant company allowed chlorinated chemicals into the plaintiff’s borehole which made unfit the water the plaintiff itself supplied.
Held: The appeal was allowed. Liability under . . - Cited – Anthony and others -v- The Coal Authority QBD (Bailii, [2005] EWHC 1654 (QB))
The claimants lived adjacent to an old coal tip, which caught fire spontaneously and burned for three years. They claimed in nuisance. The defendant argued that the risk of spontaneous ombustion was not reasonable, and that the use was safe.
- Cited – Southwark London Borough Council -v- Mills/Tanner; Baxter -v- Camden London Borough Council HL (Times 22-Oct-99, Gazette 10-Nov-99, Gazette 03-Nov-99, House of Lords, Bailii, [1999] 4 All ER 449, [2001] 1 AC 1, [1999] UKHL 40, [1999] 3 WLR 939, [1999] 3 EGLR 35, [2000] 32 HLR 148, [1999] 45 EG 179, (2000) 79 P & CR D13, [1999] EGCS 122, [2000] Env LR 112, [1999] NPC 123, [2000] L & TR 159, [2000] BLGR 138)
Tenants of council flats with ineffective sound insulation argued that the landlord council was in breach of the covenant for quiet enjoyment in their tenancy agreements.
Held: A landlord’s duty to allow quiet enjoyment does not extend to a . . - Cited – Woodland -v- Essex County Council SC (Bailii, [2013] UKSC 66, WLRD, [2013] 3 WLR 1227, [2013] WLR(D) 403, Bailii Summary, UKSC 2012/0093, SC Summary, SC)
The claimant had been seriously injured in an accident during a swimming lesson. She sought to claim against the local authority, and now appealed against a finding that it was not responsible, having contracted out the provision of swimming . . - Cited – Coventry and Others -v- Lawrence and Another SC (Bailii, [2014] UKSC 13, [2014] 2 P &CR 2, [2014] 2 All ER 622, [2014] BLR 271, [2014] HLR 21, [2014] Env LR 25, [2014] 1 AC 822, 152 Con LR 1, [2014] 2 WLR 433, [2014] PTSR 384, Bailii Summary, UKSC 2012/0076, SC Summary, SC)
C operated a motor racing circuit as tenant. The neighbour L objected that the noise emitted by the operations were a nuisance. C replied that the fact of his having planning consent meant that it was not a nuisance.
Held: The neighbour’s . .