Dennis v Ministry of Defence [2003] EWHC 793 (QB), [2003] 19 EG 118 (CS), was widely reported in the national press earlier this year. It establishes an important principle in the law of nuisance and also under the human rights legislation.
The case concerned noise pollution by low-flying Harrier jet fighters, which had made life intolerable for the owners of an estate in Cambridgeshire. The question that the court had to decide was in what circumstances and to what extent public interest can amount to a defence to a claim of nuisance.
The case makes it clear that nuisance arising from conduct that is in the public interest may be continued, but the public (ie the taxpayer) will have to foot the bill for any individual who suffers as a result (Mr Dennis was awarded almost £1m in damages). Although basing his judgment on common law grounds, Buckley J held that had the common law not provided a remedy, a claim under the Human Rights Act 1998 would have succeeded.
Dennis v Ministry of Defence [2003] EWHC 793 (QB), [2003] 19 EG 118 (CS), was widely reported in the national press earlier this year. It establishes an important principle in the law of nuisance and also under the human rights legislation.
The case concerned noise pollution by low-flying Harrier jet fighters, which had made life intolerable for the owners of an estate in Cambridgeshire. The question that the court had to decide was in what circumstances and to what extent public interest can amount to a defence to a claim of nuisance.
The case makes it clear that nuisance arising from conduct that is in the public interest may be continued, but the public (ie the taxpayer) will have to foot the bill for any individual who suffers as a result (Mr Dennis was awarded almost £1m in damages). Although basing his judgment on common law grounds, Buckley J held that had the common law not provided a remedy, a claim under the Human Rights Act 1998 would have succeeded.
