The claimant owned land from which he took silage. It was next to land belonging to one defendant and let to the other as a golf range. The claimant sought damages for nuisance for the 1,000 golf balls a year escaping onto his land. The judge said it was nuisance, ordered the erection of a fence, and awarded damages for the loss of grazing. The defendants appealed.
Held: Nuisance was established, but the fence would only protect even part of the land affected by the escape, and should not be imposed. Nor could damages be awarded for loss of grazing for the entire land when only a certain area was affected. Nevertheless damages were available, and the case was remitted to the County Court.
Judges:
Pill, Tuckey, Jonathan Parker LJJ
Citations:
Gazette 10-Jan-2002, [2001] EWCA Civ 2101, [2002] 1 WLR 1828
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Estate Acquisition and Development Ltd v Wiltshire and Another CA 4-May-2006
The defendants appealed a decision that they had no sufficient reason for not attending court on the day of the trial.
Held: The fact that the defendants had a continuing commercial relationship with the claimants was not enough to justify an . .
Lists of cited by and citing cases may be incomplete.
Nuisance, Damages
Updated: 29 June 2022; Ref: scu.167421