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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: 1999 To: 1999

This page lists 18 cases, and was prepared on 02 April 2018.

 
Hussain v Lancaster City Council [1999] 4 ALL ER 125; [2000] 1 QB 1
1999
CA
Hirst, Thorpe and Hutchison LJJ
Landlord and Tenant, Nuisance
The court considerd the liability of a landlord for the acts of racial aggravation of his tenant causing damage to his neighbour. The plaintiffs were shopowners and they claimed to have suffered severe harassment from tenants which included threats, racial abuse, the throwing of missiles and attempts to burn down their premises. They alleged that “the harassment comes from a number of identifiable people both men, including teenagers and boys, and women”. Some individuals had been prosecuted, and a total number of 106 was involved. Held: The claim failed. The acts complained of “did not involve the tenant’s use of the tenant’s land and therefore fell outside the scope of the tort”. A lessor was not liable to a lessee's neighbour, who was not a lessee of the appellant, for a nuisance created by the lessee, unless the lessor authorized the nuisance either expressly or the nuisance was certain to result from the purposes for which the property was let. It would not be fair, just and reasonable to hold a Council negligent in the exercise of its discretionary statutory powers under housing legislation.
1 Cites

1 Citers



 
 Oakley v Birmingham City Council; QBD 8-Jan-1999 - Times, 08 January 1999
 
Regina v Bristol City Council ex parte Sandra Everett Times, 09 March 1999; Gazette, 31 March 1999; Gazette, 10 March 1999; [1999] EWCA Civ 869
26 Feb 1999
CA

Housing, Nuisance
A steep staircase in a house which might lead to an accident was not because of that fact a statutory nuisance. It was not directly prejudicial to health as required by the Act for liability.
Environmental Protection Act 1990 Part III
1 Cites

1 Citers

[ Bailii ]
 
David Budd v Colchester Borough Council Gazette, 10 March 1999; Times, 14 April 1999; Gazette, 24 March 1999; [1999] EWCA Civ 885; (1997) Env LR 128
3 Mar 1999
CA
Schiemann L.J
Nuisance
A nuisance notice, requiring a householder to remove a nuisance caused by barking dogs, need not specify the manner in which the nuisance was to be abated, or the degree of reduction which would be acceptable. There was no necessary implication that any works were required. A local authority properly served a simple notice requiring abatement of a nuisance found of a dog barking. It had no general duty to specify the steps required to be undertaken to abate the nuisance save in circumstances where this was clearly required. "The local authority does have a choice of merely requiring a result in a particular case. Whether that will give rise to a ground of appeal other than the one with which we are currently concerned, namely that there is an informality, defect, or error in the notice, is an entirely separate matter. There may well be argument about alternative requirements or a whole variety of other matters. We are not concerned with that. . . . In a case such as the present, dealing with barking dogs, there is no necessity, either in setting out the nuisance to indicate the levels of barking which the dogs have exhibited so as to constitute a nuisance, or the precise times when they have been barking so as to constitute a nuisance, or in requiring the abatement of the nuisance, for the nuisance to specify precisely what has to be done about the nuisance."
Environmental Protection Act 1990 80(1)
1 Cites

1 Citers

[ Bailii ]
 
SFI Group plc (formerly Surrey Free Inns plc) v Gosport Borough Council; Regina v Knightsbridge Crown Court ex p Cataldo Times, 05 April 1999; [1999] EWCA Civ 1126
29 Mar 1999
CA

Nuisance
When considering the facts of a notice served under the Act, the court must look to the situation at the time when the notice is served, and not at the time when the case or appeal came to be heard. The previous Act used different wordings.
Environmental Protection Act 1990 80
1 Cites

1 Citers

[ Bailii ]

 
 Lippiatt and Febry v South Gloucestershire County Council; CA 31-Mar-1999 - Times, 09 April 1999; Gazette, 14 April 1999; [1999] EWCA Civ 1151; [2000] QB 51; [1999] 4 All ER 149; (1999) 1 LGLR 865; [1999] 3 WLR 137; (1999) 31 HLR 1114; [1999] BLGR 562
 
Strouthos v Gopee [1999] EWCA Civ 1205
19 Apr 1999
CA

Nuisance

[ Bailii ]

 
 Haringey London Borough Council v Jowett; QBD 27-Apr-1999 - Times, 20 May 1999; [1999] EWHC Admin 365; [1999] 32 HLR 308
 
Lisa O'Toole v Knowsley Metropolitan Borough Council [1999] EWHC Admin 451
18 May 1999
Admn
Dyson J
Nuisance, Housing
The respondent appealed by way of case stated a finding that a house was in the condition of being a statutory nuisance. They said that no evidence had been brought with regard to the health of the occupants or of any potential threat to health. Held: The evidence of the officers was capable of supporting a finding as to the threat to health.
Environmental Protection Act 1990 82
1 Cites

[ Bailii ]
 
O'Toole v Knowlsey Metropolitan Borough Council Times, 21 May 1999; Gazette, 03 June 1999
21 May 1999
CA

Housing, Nuisance
Where there was expert evidence about the condition of premises, but no evidence directly suggesting a threat to the health of the tenant, the magistrates could nonetheless find that the premises were in a condition prejudicial to health, and should follow the evidence available.
Environmental Protection Act 1990 79(1)(a)

 
George Belamoan v Holden and Co [1999] EWCA Civ 1521
28 May 1999
CA

Nuisance

1 Cites

[ Bailii ]
 
London Borough of Camden v Gunby Times, 12 July 1999; Gazette, 21 July 1999; Gazette, 13 October 1999; [1999] EWHC Admin 640; [1999] EWHC Admin 640
5 Jul 1999
Admn

Nuisance
Although in this particular section, the agent collecting a rack rent, was not named as being a person upon whom a nuisance notice could be served, the undefined item should be construed to be consistent with the whole series of Acts of which it formed part, and where the term was so defined.
Environmental Protection Act 1990 80(2)
[ Bailii ]
 
Delaware Mansions Limited, Flecksun Limited v The Lord Mayor and Citizens of The City of Westminster [1999] EWCA Civ 1903; 68 Con LR 172; (2000) 32 HLR 664; [2000] BLR 1; [1999] 46 EG 194; [1999] 3 EGLR 68
21 Jul 1999
CA
Beldam, Pill, Thorpe LJJ
Land, Negligence, Nuisance
A number of blocks of mansion flats in Maida Vale were damaged by the root action of a plane tree for which the council were responsible. The freehold in the blocks, known as Delaware Mansions, was sold by the Church Commissioners to the second appellants in 1990 for £1. . The flats were subject to long leases and the first appellant company had been formed to act as the maintenance and service company for the tenants, who owned the company. The second appellant company was formed as a wholly owned subsidiary of the first appellant company.
In 1989, there were reports of cracking in parts of the structure of the blocks and engineers were instructed on behalf of the first appellants. The engineers submitted a brief report and this was followed by further investigation. At a time after the second appellants had become freeholders, the appellants' expert opinion was disclosed to the council. The engineers believed, as the judge put it, that "either the tree should be felled or the property should be underpinned". The cost of remedial work if the tree had been felled was very small and, it is common ground, can be ignored for present purposes. The removal of the tree would have ended the nuisance. Thr court was asked whether the Council was liable in uisance.
1 Citers

[ Bailii ]
 
Denzil Williams v Jean Robertson (Wrongly Described As Robinson) [1999] EWCA Civ 1925
22 Jul 1999
CA

Nuisance, Litigation Practice
The claimant had sought orders alleging a nuisance caused by his neighbour's fir tree. He appealed a refusal of his claim which had been based upon the absence of any evidence to support it. Because of the long history of complaints between the parties, the court had also made a Grepe -v- Loam Order against the appellant. Held: The appellant had failed to state sufficiently particularly his complaints against the order. The Grepe v Loam order acted as a filter and not as a bar. Appeal refused.
1 Cites

[ Bailii ]
 
Albert Manley, Jennifer Manley v New Forest District Council Gazette, 11 August 1999; [1999] EWHC Admin 752
29 Jul 1999
Admn

Nuisance
A house owner gained permission to run a dog kennel. It grew and eventually the authority served a notice claiming it to be a statutory nuisance because of the noise. The defendants appealed asserting they had used the 'best practicable means' to reduce the noise. Held: It was not within the section to require such a business to move, although the expansion of a business was relevant.
Environmental Protection Act 1990 79(1)(g)
[ Bailii ]
 
Savage and Another v Fairclough and others [1999] EWCA Civ 2056; [1999] EWCA Civ 2056
30 Jul 1999
CA
Lord Justice Auld Lord Justice Mummery Mr Justice Gage
Nuisance, Environment
The defendants had applied inorganic fertiliser to their land, eventually causing pollution of the claimant's water supply. The pollution exceeded EC levels. However the claimants had not established that the damage was foreseeable, nor that the practice of the defendant farmers was other than standard practice. Held: The claimant's appeal failed. They had not established forseeability as required in Cambridge Water.
EC Directive 80/778/EEC
1 Cites

[ Bailii ]

 
 Southwark London Borough Council v Mills/Tanner; Baxter v Camden London Borough Council; HL 21-Oct-1999 - Times, 22 October 1999; Gazette, 10 November 1999; Gazette, 03 November 1999; [1999] 4 All ER 449; [2001] 1 AC 1; [1999] UKHL 40; [1999] 3 WLR 939; [1999] 3 EGLR 35; [2000] 32 HLR 148; [1999] 45 EG 179; (2000) 79 P & CR D13; [1999] EGCS 122; [2000] Env LR 112; [1999] NPC 123; [2000] L & TR 159; [2000] BLGR 138

 
 Bybrook Barn Garden Centre Ltd and Others v Kent County Council; QBD 5-Nov-1999 - Gazette, 17 November 1999
 
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