swarb.co.uk - law index
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Nuisance - From: 2003 To: 2003
This page lists 13 cases, and was prepared on 02 April 2018.
Fawcett and others v Phoenix Inns Limited and Unique Pub Properties Limited [2003] EWCA Civ 128
12 Feb 2003
CA
Lord Justice Schiemann Lady Justice Arden Mr Justice Aikens
Nuisance
[ Bailii ] - [ Bailii ]
Green v The Right Honourable Lord Somerleyton and others [2003] EWCA Civ 198; Gazette, 13 March 2003
28 Feb 2003
CA
Lord Justice Jonathan Parker Lord Justice Schiemann Sir Christopher Staughton
Land, Nuisance
The parties owned areas of marshland divided by a road. The claimant sought a declaration that the defendants had no right to allow floodwater to escape over his land from what he said was an artificial reservoir on the defendant's land. The claimant's claim under Rylands had been rejected, but he appealed his claim in nuisance. The defendants sought a declaration of an easement of drainage. The land had previously been in one ownership. Various deeds had provided for mutual rights and arbitration. Changes in water flow had lead to dykes becoming silted up. Held: If a Leakey duty arose on the defendants, it had been discharged. Also the earlier deeds had done enough to resreve implied easements of drainage.
1 Cites
1 Citers
[ Bailii ]
Moiz Ahmed Siddiqui, Ishrat Siddiqui/Bhajan Singh Sohanpal v Council of the London Borough of Hillingdon [2003] EWHC 726 (TCC)
15 Apr 2003
TCC
His Honour Judge Richard Seymour
Nuisance
The claimants sought damages for cracks in their house caused by the roots of trees on the defendant's land. Held: The claimants had failed to establish by evidence that the tree roots were the cause of the damage. The claim failed.
1 Cites
1 Citers
[ Bailii ]
Dennis and Dennis v Ministry of Defence [2003] EWHC 793 (QB); Times, 06 May 2003; [2003] 2 EGLR 121
16 Apr 2003
QBD
The Honourable Mr Justice Buckley
Nuisance, Human Rights, Land
The applicants owned a substantial property near an airbase. They complained that changes in the patterns of flying by the respondents were a nuisance and sought damages. Walcot Hall was subjected to very high noise levels from military aircraft. The particular noise is loud and characterised by a very rapid onset with a corresponding startle effect. The question arose whether and in what circumstances a sufficient public interest can amount to a defence to a claim in nuisance. Held: The noise was a continuing nuisance, and no question of limitation arose. The Harriers were not an oirdinary use of land, within the legal meaning of that phrase. Major developments in any society will interfere with the private enjoyment of nearby land. There was no statute here, only the fact that the noise had escalated. The public interest clearly demands that RAF Wittering should continue to train pilots, and a declaration should not be granted, and the losses were capable of financial satisfaction. There was an interference both with Article 1 and Article 8 rights, but damages would provide just satisfaction.
European Convention on Human Rights 1 8
1 Cites
1 Citers
[ Bailii ]
Baddeley and Another v Barker [2003] EWCA Civ 742
7 May 2003
CA
Nuisance, Negligence
[ Bailii ]
Hounslow London Borough Council v Thames Water Utilities Ltd Times, 09 June 2003; Gazette, 10 July 2003; [2003] EWHC 1197 (Admin)
23 May 2003
QBD
Scott Baker LJ, Pitchford J
Nuisance
An abatement notice was served on the respondent in respect of the stink emanating from their sewage works. The magistrates decided that the workls did not constitute premises within the section, following Parlby. Held: Parlby was not binding, whiuch was limited to the Act under which the decision was made. The definition of a statutory nuisance had been entirely recast by the 1990 Act. The new definition of nuisance had exceptions, and was complete.
Environmental Protection Act 1990 79(1)(d) 80(1)
1 Cites
[ Bailii ]
Lewis v Altaf [2003] EWCA Civ 1229
15 Aug 2003
CA
Land, Nuisance, Torts - Other
[ Bailii ]
Tewkesbury Borough Council v Deacon [2003] EWHC 2544 (Admin)
20 Oct 2003
Admn
Nuisance, Environment
[ Bailii ]
Westminster City Council v McDonald [2003] EWHC 2698 (Admin)
28 Oct 2003
Admn
Kennedy LJ, Royce J
Nuisance
The Council appealed by case stated against dismissal of its allegation of statutory nuisance by the defendant busker.
Environmental Protection Act 1990 79 80(4)
[ Bailii ]
Loftus-Brigham and Another v London Borough of Ealing [2003] EWCA Civ 1490
28 Oct 2003
CA
Lord Justice Buxton, Lord Justice Chadwick
Land, Nuisance
The claimants sought to recover for damages caused to their house foundations by trees growing nearby which were the responsibility of the defendants. The defendants replied that the damages was caused in part by roots from virgina creeper and wisteria grown by the claimants themselves and growing on the house. Held: It is neither necessary nor appropriate to look for special causal rules applying to cases involving trees. The judge required the claimants to establish that the damage from the tree roots was the dominant cause, and had erred. The test is whether the trees were an effective and substantial cause of the recent damage.
1 Cites
1 Citers
[ Bailii ]
Piper and Another v Clifford Kent Ltd [2003] EWCA Civ 1692
12 Nov 2003
CA
Nuisance
[ Bailii ]
Transco plc v Stockport Metropolitan Borough Council; HL 19-Nov-2003 - [2003] UKHL 61; Times, 20 November 2003; [2004] 1 ALL ER 589; 91 Con LR 28; [2004] 2 AC 1; [2004] Env LR 24; [2004] 1 P & CR DG12; [2003] 3 WLR 1467; [2003] 48 EGCS 127; [2003] NPC 143
Marcic v Thames Water Utilities Limited; HL 4-Dec-2003 - [2003] UKHL 66; Times, 05 December 2003; Gazette, 29 January 2004; [2004] 2 AC 42; [2003] 50 EGCS 95; [2003] 3 WLR 1603; [2004] 1 All ER 135; [2003] NPC 150; 91 Con LR 1; [2004] BLR 1; [2004] UKHRR 253; [2004] Env LR 25; [2004] HRLR 10