Nuisance
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Marcic v Thames Water Utilities Ltd
Nuisance — Flooding — Liability of water undertaker — Drains and sewers — Statutory duty to provide effectual system of drainage — Non-feasance — Negligence — Nuisance — Rylands v…
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Hewlings v Mclean Homes East Anglia Ltd
Claimant serving abatement notice pursuant to section 82 of Environment Act 1990 – Notice not served on registered office of respondent company – Whether notice valid – Whether notice on…
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PP 2002/152
Valuable survey findings. For the purpose of proceedings in public as well as in private nuisance, the legal test for an unacceptable noise level is easy to state.
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PP 2002/124
Drains unable to deal with increased demand – Foul and drained water escaping from drains – Liability of statutory undertaker – Water Industry Act 1991.
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Bybrook Barn Garden Centre Ltd and others v Kent County Council
Nuisance — Flooding — Local highway authority — Culvert becoming nuisance by reason of later developments — Whether local highway authority liable for flood damage
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Delaware Mansions Ltd and others v Westminster City Council
Council deciding not to remove tree – Tree roots encroaching onto nearby property causing damage – Company acquiring freehold of property after damage inflicted – Company carrying out repairs by…
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Godfrey v Conwy County Borough Council
Respondent local authority serving noise abatement notice upon appellant – Appellant appealing against notice – Noise level no greater than ambient noise of area – Whether noise amounting to statutory…
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R (on the application of Anne and another) v Test Valley Borough Council
Nuisance – Statutory nuisance – Tree subject to tree preservation order – Claimants complaining that tree constituting statutory nuisance – Defendant local authority investigating and finding no statutory nuisance -…
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Goode v Owen and another
Golf balls landing on claimant’s land – Claimant farmer bringing action in nuisance against owner and operator of golf range – Judge finding nuisance established – Judge finding whole of…
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Marcic v Thames Water Utilities Ltd
Defendant statutory water and sewerage undertaker failing to provide adequate drainage – Consequent flooding causing damage to claimant’s property – Whether defendant in breach of Article 8 of First Protocol…
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Transco plc and another v Stockport Metropolitan Borough Council
Water escaping from service pipe owned and under control of defendant council – Nearby disused railway embankment becoming saturated and collapsing – Claimants suffering losses – Whether council liable by…
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PP 2002/64
The boundaries between private nuisance, public nuisance and negligence have been notoriously difficult to trace, although some clarification has been achieved by the House of Lords decision in Hunter v…