Willis and Another v Derwentside District Council: ChD 10 Apr 2013

The claimants sought damages alleging the escape of noxious CO2 gas from the defendant’s neighbouring land. The gas originated from old coal workings.
Held: There had come to be a liability falling in the defendant from 2006. Its delay in dealing with the issue was culpable. However the animals deaths complained of could not be shown to have been attributable to the escaping gas. The Authority had a duty to beep the claimants up to date on theis dangerous and frightening situation, and in the absence of such information, it was reasnable that they should re-imburse the claimants for the costs of their own inquiries.
As a consequence of the gas, the property had been blighted and unsaleable. The authority having completed remedial works should have obtained and supplied the claimants with an appropriate certificate to remove that blight. However given the possibility of such a recourse providing a remedy it would be inappropriate to award immediately the full continuing cost of the blight.

Briggs J
[2013] EWHC 738 (Ch)
England and Wales
CitedWilson v Waddell HL 1876
In the course of proper mineral workings by the defender, the soil above the coal, which was stiff and impervious to water, so that, whilst it was undisturbed, the greater part of the rainfall flowed away over the surface, was cracked into open . .
CitedRylands v Fletcher HL 1868
The defendant had constructed a reservoir to supply water to his mill. Water escaped into nearby disused mineshafts, and in turn flooded the plaintiff’s mine. The defendant appealed a finding that he was liable in damages.
Held: The defendant . .
CitedSedleigh-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 . .
CitedLeakey v The National Trust for Places of Historic Interest or Natural Beauty CA 31-Jul-1979
Natural causes were responsible for soil collapsing onto neighbouring houses in Bridgwater.
Held: An occupier of land owes a general duty of care to a neighbouring occupier in relation to a hazard occurring on his land, whether such hazard is . .
CitedPemberton v Mayor and Burgesses of London Borough of Southwark CA 13-Apr-2000
A tenant had continued in occupation as a tolerated trespasser after a possession order. She made regular payments but failed to comply with the order setting terms for suspension. She sought damages from the landlord for nuisance for not dealing . .

Lists of cited by and citing cases may be incomplete.

Nuisance, Damages

Updated: 02 November 2021; Ref: scu.472533