swarb.co.uk - law index
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Nuisance - From: 1997 To: 1997
This page lists 14 cases, and was prepared on 02 April 2018.
Derek Andrew Ward v T Dougall CA Civ 785
16 Jan 1997
CA
Land, Nuisance, Limitation
The plaintiff and defendant were neighbours. An aerial had, for 22 years projected 4 feet over the plaintiff's land. His claim in nuisance was struck out, and the registrar had suggested he had a claim in trespass, but that that action was time barred. The appellant brought counsel's opinion to support his request for leave to appeal, but that hardly assisted him. He might have argued that the trespass was a continuing one, but that night have left at most an action for damages, the result of which would be nominal and a disaster in costs. Leave to appeal out of time refused.
Limitation Act 1980
1 Cites
[ Bailii ]
David Budd v Colchester Borough Council [1997] EWCA Civ 880
30 Jan 1997
CA
Lord Justice Swinton Thomas And Lord Justice Hutchison
Nuisance, Environment
The applicant sought leave to appeal against a decision confirming a noise abatement notice under the Act. He kept dogs, and neighbours had complained of the noise. He complained that the notice neither specified the nuisance complained of, nor stated what works were required to be undertaken to cure it. Held: There were competing decisions, and the case should properly go forward to appeal.
Environmental Protection Act 1990 79(1)
1 Cites
1 Citers
[ Bailii ]
Lagochase Ltd v Westminster City Council [1997] EWHC Admin 145
14 Feb 1997
Admn
Nuisance, Magistrates, Costs
Environmental Protection Act 1990 80
[ Bailii ]
Hunter and Others v Canary Wharf Ltd; HL 25-Apr-1997 - Gazette, 14 May 1997; Times, 25 April 1997; [1997] UKHL 14; [1997] AC 655; [1997] Fam Law 601; [1997] 2 All ER 426; [1997] 2 FLR 342; [1997] 2 WLR 684; [1997] Env LR 488; [1997] 54 Con LR 12; [1997] 84 BLR 1; [1997] CLC 1045; (1998) 30 HLR 409
Regina v Metropolitan Stipendiary Magistrate, Ex Parte Mahmed Ali; Admn 28-Apr-1997 - HC Admin 417
Cunningham v Birmingham City Council Times, 09 June 1997; [1997] EWHC Admin 440
6 May 1997
Admn
Pill LJ, Astill J
Nuisance, Housing
The council appealed against the finding that the complainant's premises occupied under a tenancy of the council, constituted a statutory nuisance which they had a duty to abate. The claimant's son was disabled and his condition involved behavioural problems. She said that the kitchen was, in view of his condition too small and dangerous in its layout. Held: Whether premises are 'prejudicial to health' is an objective not a subjective test; there is no contrast with the test for nuisance. The magistrate had been wrong to determine the case in the way he did by relating the respondents' duties to the particular health requirements of Robert, the son of the the appellant.
Environmental Protection Act 1990 79(1)(a)
1 Cites
[ Bailii ]
Hurst and Another v Hampshire County Council Times, 26 June 1997; [1997] EWCA Civ 1901; (1997) 96 LGR 27
19 Jun 1997
CA
Nuisance, Local Government, Land
A Local Authority is liable for any damage caused by the roots of a tree growing on the verge of a public highway.
1 Citers
[ Bailii ]
Regina v Chung Tak Lam Mary Lam Patricia Lam Christopher John Lam and Peter Brennan (T/a 'Namesakes of Torbay') and Borough of Torbay [1997] EWCA Civ 2247; [1997] PIQR P488
30 Jul 1997
CA
Potter, Brooke LJJ
Nuisance, Personal Injury, Planning, Local Government
The claimant sought damages after the planning authority allowed the first defendant to conduct a manufacturing business in the course of which spraying activities took place which caused them personal injuries and loss of business. Held: The planning system is a regulatory system as envisaged in X (Minors), such that there should be no private right of action for a breach of statutory duty. The claim failed.
Town and Country Planning Act 1990 29 - Environmental Protection Act 1990 Part III - Public Health Act 1936 91
1 Cites
1 Citers
[ Bailii ]
Chartered Trust Plc v Davies [1997] EWCA Civ 2256; [1997] 2 EGLR 83; [1997] 49 EG 135
31 Jul 1997
CA
Staughton, Henry LJJ
Landlord and Tenant, Nuisance
1 Citers
[ Bailii ]
Holbeck Hall Hotel Limited and English Rose Hotels (Yorkshire) Limited v Scarborough Borough Council Times, 15 October 1997; [1997] EWHC QB 363
2 Oct 1997
QBD
Nuisance, Land
The occupier of land which was downhill of dominant land has the same obligation in nuisance and otherwise as the uphill neighbour. A right of support was included.
1 Cites
1 Citers
[ Bailii ]
Kirklees Metropolitan Council v Field; Thackray; Marsh and Wilson Times, 26 November 1997; Gazette, 26 November 1997; [1997] EWHC Admin 960
31 Oct 1997
Admn
Lord Justice Brooke Mr Justice Owen And Mr Justice Gage
Environment, Nuisance
An abatement notice requiring works to be carried out must state clearly what works are required or considered necessary. There was an imminent danger of the collapse onto some cottages of a rockface and wall where the notice was addressed to the respondents as owners of the rockface and wall and simply required them to "abate the statutory nuisance". It was obvious from the abatement notice and indeed the circumstances that the only way in which this could be achieved was by (probably very extensive) works of shoring up and securing the rockface.
Environmental Protection Act 1990 80
1 Cites
1 Citers
[ Bailii ]
Gaskell and Walker (a Firm) v Boland [1997] EWCA Civ 2929
8 Dec 1997
CA
Nuisance
[ Bailii ]
Hawa Hassan Moalim v Esme Baker [1997] EWCA Civ 2949
10 Dec 1997
CA
Roch, Millett LJJ
Land, Nuisance
Application of Defendant for an extension of time with appeal to follow if granted.
[ Bailii ]
Scandia Property (UK) Ltd and Vala Properties B V v Thames Water Utilities Limited [1997] EWCA Civ 2996
15 Dec 1997
CA
Nuisance, Damages
[ Bailii ]
