The claimants sought damages alleging that land owned by the defendant was so contaminated as to have caused their children to be born with deformities. The authority appealed against refusal of the court to strike out the claim in response to their assertion that damages should not lie in an action for public nuisance.
Held: The council’s appeal failed. The Canary Wharf case did not establish the idea proposed, since the comments were obiter and that claim did not relate to public nuisance.
Judges:
Ward, Dyson, Smit LJJ
Citations:
[2008] EWCA Civ 463
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Hunter and Others v Canary Wharf Ltd HL 25-Apr-1997
The claimant, in a representative action complained that the works involved in the erection of the Canary Wharf tower constituted a nuisance in that the works created substantial clouds of dust and the building blocked her TV signals, so as to limit . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Negligence, Torts – Other
Updated: 14 July 2022; Ref: scu.267556