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These 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.  














Nuisance - From: 1998 To: 1998

This page lists 13 cases, and was prepared on 02 April 2018.

 
Gillings v Kirklees Metropolitan Council [1998] EWCA Civ 2
10 Jan 1998
CA

Nuisance

[ Bailii ]
 
Ann Murdoch and Duncan Murdoch v Glacier Metal Company Limited Gazette, 18 February 1998; [1998] EWCA Civ 33; Times, 21 January 1998
19 Jan 1998
CA
Lord Justice Nourse Lord Justice Pill And Lord Justice Thorpe
Nuisance, Environment
Excess noise by nearby factory above World Health Organisation level was not an actionable nuisance. It was a question for each factual situation. An allowance had to be made for the character of the neighbourhood.
1 Cites

[ Bailii ]
 
Surrey Free Inns Plc v Gosport Borough Council Times, 13 February 1998; Gazette, 11 February 1998; [1998] EWHC Admin 92
28 Jan 1998
Admn
Lord Justice Simon Brown And Mr Justice Mance
Environment, Nuisance
The local authority issued a noise nuisance abatement notice. By the time the matter came to the court, the nuisance had been abated. Held: The background situation justifying the issue of a nuisance abatement notice was to be assessed at the date at which it was issued, and not at the later date of a magistrates' or crown court hearing. The notice properly did not say what works were required, since the land owner might choose to abate it in several ways.
Environmental Protection Act 1990 80(1)
1 Cites

1 Citers

[ Bailii ]
 
Leeds v Islington London Borough Council Gazette, 18 February 1998
18 Feb 1998
QBD

Nuisance
Service by the tenant of a notice of an ant infestation at the local authority local housing office, was insufficient compliance with the Act. Since it might lead to a criminal penalty, the section had to be followed.
Environmental Protection Act 1995 82

 
John Lloyd v Ellen June Symonds Kevin Anderson Karina Lucas [1998] EWCA Civ 511
20 Mar 1998
CA

Nuisance
Appeal against injunction in nuisance to stop keeping breeding kennels.
[ Bailii ]
 
Bowden v South West Water Services Ltd and others [1998] EWCA Civ 638
6 Apr 1998
CA

Nuisance

[ Bailii ]

 
 Hussain and Another v Lancaster City Council; CA 14-May-1998 - Times, 27 May 1998; Gazette, 10 June 1998; [1998] EWCA Civ 834; [2000] QB 1; [1999] 4 All ER 125
 
Surrey Free Inns v Gosport Borough Council [1998] EWCA Civ 999
12 Jun 1998
CA
Lord Justice Otton, Lord Justice Ward
Nuisance
A noise abatement notice had been served, and appealed to the magistrates. By the time the matter came before the Crown Court, the bar had been soundproofed. The question then was which was the applicable time. Held: In view of the contrasting authorities, it was proper for the matter to go forward for a full appeal.
Environmental Protection Act 1990 18
1 Cites

1 Citers

[ Bailii ]
 
Blue Circle Industries Plc v Ministry of Defence Times, 16 June 1998; Gazette, 22 July 1998; [1998] EWCA Civ 945; [1999] 2 WLR 295; [1999] Ch 289; [1998] 3 All ER 385; [1998] EGCS 93; [1999] Env LR 22
16 Jun 1998
CA
Simon Brown, Aldous, Chadwick LJJ
Environment, Nuisance
Contamination of land by the overflow of radioactive materials from a pond, led to damages for the cost of repair, and also the permanent diminution of the value in the land from physical damage.
Nuclear Installations Act 1965 7(1)(a)
1 Cites

1 Citers

[ Bailii ]
 
Chapman v London Borough of Barking and Dagenham [1998] EWCA Civ 1200
13 Jul 1998
CA

Nuisance, Personal Injury
The plaintiff was severely injured when a branch was broken from a tree in a high wind, and fell onto the van he was driving. The land-owner appealed a finding of liability in nuisance. Held: The local authority were also the highway authority, and it was the defendants’ duty regularly to inspect the tree for signs of danger, and to do what was necessary to maintain the tree in a safe condition. The evidence was that the danger arose from earlier prunings. The appeal was in effect an appeal on the facts, and therefore failed.
1 Cites

[ Bailii ]

 
 Gardner and Gardner v Davis and others; CA 15-Jul-1998 - Gazette, 22 July 1998; [1998] EWCA Civ 1213
 
London Borough of Southwark v Mills and Others Times, 20 August 1998; Gazette, 09 September 1998; [1998] EWCA Civ 1319; [1999] 2 WLR 409
29 Jul 1998
CA
Schiemann, Mantell, Peter Gibson LJJ
Landlord and Tenant, Nuisance
The authority appealed against an award made in arbitration proceedings brought by its tenant who complained that she could hear everything happening in a neighbouring flat, even though the tenants of that flat wer acting reaosnably. Held: (Sir Peter Gibson dissenting) The appeal succeeded. A landlord's duty to provide quiet enjoyment under his covenant for that purpose, does not extend so far as to require an improvement in the sound-proofing of a building well beyond standards which had applied at the time when the houses were built.
Sir Peter Gibson said that if the noise made by neighbouring tenants in the course of their ordinary use of their flats amounted to an interference with Mrs. Tanner's reasonable use of her flat, she could be estopped from complaining only if she had expressly or impliedly consented to the noise.
1 Cites

1 Citers

[ Bailii ]
 
Baxter v Mayor and Burgesses of London Borough of Camden (2) Times, 11 November 1998; Gazette, 25 November 1998; [1998] EWCA Civ 1703; [2001] QB1
5 Nov 1998
CA

Landlord and Tenant, Nuisance, Housing
A tenant taking a lease of defective premises could not complain of nuisance arising from that defect in the absence of contractual or statutory obligations. Poor sound-proofing between flats no nuisance where there was no sound-proofing standard applicable
[ Bailii ]
 
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