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swarb.co.uk - law indexThese cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases. Â |
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Nuisance - From: 1995 To: 1995This page lists 5 cases, and was prepared on 02 April 2018. ÂHunter and Others v London Docklands Development Corporation Ind Summary, 23 January 1995 23 Jan 1995 QBD Nuisance Damages were to be awarded for the deposit of excessive dust on a property by the owner of neighbouring land.  Davenport v Walsall Metropolitan Borough Council Unreported, 17 March 1995; 1995 28 HLR 504 17 Mar 1995 CA Keene J Nuisance, Magistrates The court was concerned with the refusal of the magistrates to make a compensation order after a plea of guilty to a statutory nuisance. The magistrates had also refused to award costs of the adjourned hearing at which compensation had been sought. Held: The court declined to interfere with the refusal of the compensation, but the costs of that hearing were properly incurred. “Under section 82(12)...the Justices are bound to make a costs order in favour of any complainant, once it is found that a statutory nuisance existed at the date of the making of the complaint. The only limit on that is that the award is to compensate the complainant only for expenses properly incurred. That would seem to be intended to ensure that the amount to be paid by a defendant is not increased by any improper act or omission on the part of a complainant or his professional representatives . ” 1 Cites 1 Citers   Paterson and Another v Humberside County Council; QBD 19-Apr-1995 - Times, 19 April 1995; [1995] CLY 3661; [1996] Const LJ 64   Hunter and Others v Canary Wharf Ltd; Same v London Docklands Development Board; CA 1-Nov-1995 - Gazette, 01 November 1995; Independent, 19 October 1995; Times, 13 October 1995; [1996] 2 WLR 348   Co-Operative Wholesale Society Ltd v British Railways Board; CA 20-Dec-1995 - Times, 20 December 1995  |
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