The claimants sought an injunction in nuisance, saying that the defendants had agreed to use all reasonable endeavours to avoid causing a nuisance to them in demolition works on their neighbouring land.
Held: The injunction should be granted. It was a matter of fact and degree as to whether all proper and reasonable steps were taken to avoid inconvenience under the standstill agreement.
Hodge QC J
[2008] EWHC 145 (Ch), Times 06-Feb-2008
Bailii
Control of Pollution Act 1974 73(1)
England and Wales
Citing:
Preferred – Harrison v Southwark and Vauxhall Water Company ChD 11-May-1891
A claim was made for damages for nuisance from construction works.
Held: The obligations of the defendant company in respect of the sinking of the shaft were neither greater nor less than those of a private person; and that a private person . .
Cited – Clift and Another v Welsh Office CA 23-Jul-1998
Whilst it was settled law that no compensation was payable for temporary disturbance to neighbouring land by building works on land compulsorily purchased, as soon as that disturbance came to produce physical damage, compensation became payable. . .
Cited – Andreae v Selfridge and Co Ltd CA 1938
The plaintiff had a hotel. The rest of the island had been acquired by the defendant which was demolishing and rebuilding the other properties. The plaintiff complained, and the judge found, that by reason of the operations, which involved noise and . .
Cited – Matania v National Provincial Bank Ltd CA 1936
The plaintiff was a professor of singing who had taken a lease of the second floor of a building for the purpose of carrying on his profession on the demised premises. After he had gone into possession and begun to give singing lessons, the landlord . .
Cited – Rhodia International Holdings Ltd. Rhodia UK Ltd v Huntsman International Llc ComC 21-Feb-2007
The parties contracted for the sale of a chemical surfactants business.The claimant had contracted to use reasonable endeavours to obtain the consent of a third party for the assignment a a contract to supply energy to the business. The defendant . .
Cited – Lloyds Bank plc v Guardian Assurance plc CA 1986
The statutory control over building works provided under s.60 is capable of operating quite separately from the private law tort of nuisance. . .
Cited by:
See Also – Hiscox Syndicates Ltd and Another v Pinnacle Ltd and others QBD 13-Jun-2008
. .
See Also – Hiscox Syndicates Ltd and Another v The Pinnacle Ltd and others TCC 13-Jun-2008
The claimants sought to restrain as a nuisance the erection of the tallest building in Europe on neighbouring land. . .
See Also – Hiscox Syndicates Ltd and Another v The Pinnacle Ltd and Others TCC 10-Dec-2009
. .
Lists of cited by and citing cases may be incomplete.
Nuisance
Updated: 20 January 2022; Ref: scu.266180