The appellants challenged a decision that the defendants had ceased to be committing an actionable nuisance after erecting a sound barrier between their metal scrap yard and the claimants’ properties.
Held: The judge had correcly applied the law, and had not confused the nature of the nuisance (damage to property) with the causing of personal discomfort. The appeal failed.
Ward, Tomlinson LJJ, Sir Henry Brooke
[2011] EWCA Civ 919
Bailii
England and Wales
Citing:
Cited – Hunter and Others v Canary Wharf Ltd HL 25-Apr-1997
The claimant, in a representative action complained that the works involved in the erection of the Canary Wharf tower constituted a nuisance in that the works created substantial clouds of dust and the building blocked her TV signals, so as to limit . .
Cited – Sedleigh-Denfield v O’Callaghan HL 24-Jun-1940
Occupier Responsible for Nuisance in adopting it
A trespasser laid a drain along a ditch on the defendant’s land. Later the defendants came to use the drain themselves. A grate was misplaced by them so that in a heavy rainstorm, it became clogged with leaves, and water flowed over into the . .
Cited – Walter v Selfe 1851
The burning of bricks on he defendant’s land was a nuisance to the plaintiff’s neighbouring house. An injunction was granted. The court should ask: ‘ought this inconvenience to be considered in fact as more than fanciful, more than one of mere . .
Cited – Bolton v Stone KBD 1949
The plaintiff was hit by a cricket ball hit from a cricket ground, and sought damages.
Oliver J described the balancing exercise required in nuisance cases: ‘Whether such an act does constitute a nuisance must be determined not merely by an . .
Cited – Sturges v Bridgman CA 1879
The character of the neighbourhood in which the plaintiff lives should, for the law of nuisance, include established features: ‘whether anything is a nuisance or not is a question to be determined, not merely by an abstract consideration of the . .
Lists of cited by and citing cases may be incomplete.
Nuisance
Updated: 01 November 2021; Ref: scu.442423
