The claimant appealed against dismissal of his claim for nuisance against the first and second defendants on the basis that, even if the nuisance could be proved, it occurred as a result of a statutory consent which is an absolute defence. The claimant was a riparian land owner who claimed a nuisance in the form of odorous effluent waste in a water course which ran along a short stretch of the boundary of his property. His claim was that nuisance had been caused by the first defendant and that, when they transferred the land to the second defendant, the second defendant adopted that nuisance.
Kay, Keene LJJ
 EWCA Civ 1167
England and Wales
Updated: 27 June 2022; Ref: scu.218220