A release of dust over neighbouring properties can be a nuisance but not a blocking of TV reception signals. No action lay in private nuisance for interference with television caused by the mere presence of a building. ‘A substantial link between the person enjoying the use and the land on which he or she is enjoying it is essential but, in my judgment, occupation of property, as a home, does confer upon the occupant a capacity to sue in private nuisance.’
Judges:
Pill LJ
Citations:
Gazette 01-Nov-1995, Independent 19-Oct-1995, Times 13-Oct-1995, [1996] 2 WLR 348
Jurisdiction:
England and Wales
Citing:
Appeal from – Hunter and Others v Canary Wharf Ltd QBD 20-Dec-1994
The plaintiff made two claims arising from the construction works involvd in the Canary Wharf development. First that the building now prevented her TV signal reception, and second that the works had released substantial volumes of dust so as to . .
Cited – Rylands v Fletcher HL 1868
The defendant had constructed a reservoir to supply water to his mill. Water escaped into nearby disused mineshafts, and in turn flooded the plaintiff’s mine. The defendant appealed a finding that he was liable in damages.
Held: The defendant . .
Cited by:
Appeal from – 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 . .
Cited – Watson and others v Croft Promo-Sport Ltd CA 26-Jan-2009
The claimants were neighbours of the Croft motor racing circuit. They alleged nuisance in the levels of noise emanating from the site. The defendants denied nuisance saying that the interference was deemed reasonable since they operated within the . .
Lists of cited by and citing cases may be incomplete.
Torts – Other, Nuisance
Updated: 17 July 2022; Ref: scu.81538
