The House approved a decision that a person purchasing property in an industrial district may be unable to claim for noise nuisance. Lord Loreburn LC said that (i) whether an activity gives rise to a nuisance may depend on the character of the particular locality, (ii) the trial judge rightly directed himself as to the law, and (iii) there was no reason to think that he had not applied his own directions to the facts of the case.
Judges:
Lord Loreburn LC
Citations:
[1907] AC 121
Citing:
Appeal from – Rushmer v Polsue and Alfieri Limited CA 1906
The court considered the question of whether excess noise could constitute a nuisance.
Held: The court rejected the argument that a resident of a district specially devoted to a particular trade cannot complained of nuisance by noise caused by . .
Cited by:
Cited – Dennis and Dennis v Ministry of Defence QBD 16-Apr-2003
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. . .
Cited – Coventry and Others v Lawrence and Another SC 26-Feb-2014
C operated a motor racing circuit as tenant. The neighbour L objected that the noise emitted by the operations were a nuisance. C replied that the fact of his having planning consent meant that it was not a nuisance.
Held: The neighbour’s . .
Lists of cited by and citing cases may be incomplete.
Nuisance
Updated: 12 May 2022; Ref: scu.182122
