Nuisance
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Perrin and another v Northampton Borough Council and others
Tree preservation orders — Entitlement to lop or fell tree — Actionable nuisance — Tree roots causing actionable nuisance to house — Engineering works capable of protecting house without need…
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Regan v Paul Properties DPF No 1 Ltd and others
Development — Respondents redeveloping site close to appellant’s property — Appellant complaining of interference with right to light — High Court regarding damages as appropriate remedy — Appellant appealing on…
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Regan v Paul Properties DPF No 1 Ltd and others
Development — Defendants redeveloping site close to claimant’s property — Claimant complaining of interference with right to light — Whether claimant entitled to injunction restraining defendants from continuing with development…
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R (on the application of Robinson) v Torridge District Council
Statutory nuisance — River — Bridge allegedly obstructing and “choking” river — Claimant seeking remedial works — Council serving abatement notice Whether court entitled to define “choking” in stand alone…
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Mid Suffolk District Council v Clarke (No 2)
Public nuisance — Smell from cooking plant for pigswill — Restraining action — Undertaking not to commit nuisance — Court having jurisdiction to amend terms of undertaking — Whether facts…
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R (on the application of Vella) v Lambeth London Borough Council
Premises — Statutory nuisance — Abatement notice — Inadequate noise insulation — Property in state prejudicial to health — Council refusing to serve abatement notice — Whether poor noise insulation…
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Arscott and others v Coal Authority and another
Flooding — Common enemy rule — Foreseeability — Works to respondents’ land causing flooding to appellants’ homes — Whether common enemy rule preventing liability — Whether flooding foreseeable at time…
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Morris (t/a Soundstar Studio) v Network Rail Infrastructure Ltd (formerly Railtrack plc)
Nuisance Appellant installing new track circuits on railway line — Magnetic energy from railway interfering with use of electronic equipment in respondent’s recording studio — Appellant having prior knowledge of…
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Dennis and another v Ministry of Defence
Nuisance — Aircraft noise — Damages — Defence — Public interest — Harrier jet airfield — Whether noise from jets constituting nuisance — Whether public interest defence to nuisance –…
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Transco plc v Stockport Metropolitan Borough Council
Nuisance — Rylands v Fletcher — Water escaping from pipe in respondents’ block of flats — Whether respondents liable for damages caused by escape of water — Appeal dismissed
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PP 2002/123
Non-feasance – failure to act – public utilities. Something affects Blackacre that, over a period of time, causes that property to pose a threat to Whiteacre.