Coventry & Ors v Lawrence & Anor

Case [2014] UKSC 13


    Summary


    Hilary Term
    [2014] UKSC 13
    On appeal from: [2012] EWCA Civ 26

    JUDGMENT

    Coventry and others (Respondents) v Lawrence and another (Appellants)
    before
    Lord Neuberger, President
    Lord Mance
    Lord Clarke
    Lord Sumption
    Lord Carnwath
    JUDGMENT GIVEN ON

    26 February 2014

    Heard on 12, 13 and 14 November 2013
    Appellant
    Stephen Hockman QC
    William Upton
    (Instructed by Richard Buxton Environmental and Public Law)
      Respondent
    Robert McCracken QC
    Sebastian Kokelaar
    (Instructed by Pooley Bendall Watson)
    LORD NEUBERGER
    The issues raised by this appeal
  1. This appeal raises a number of points in connection with the law of private nuisance, a common law tort While the law also recognises public nuisance, a common law offence, this appeal is only concerned with private nuisance, so all references hereafter to nuisance are to private nuisance It should also be mentioned at the outset that the type of nuisance alleged in this case is nuisance in the sense of personal discomfort, in particular nuisance by noise, as opposed to actual injury to the claimant's property (such as discharge of noxious material or removal of support)
  2. As Lord Goff of Chieveley explained in Hunter v Canary Wharf Ltd [1997] AC 655, 688, "[t]he term 'nuisance' is properly applied only to such actionable user of land as interferes with the enjoyment by the plaintiff of rights in land", quoting from Newark, The Boundaries of Nuisance (1949) 65 LQR 480 See also per Lord Hoffmann at pp 705-707, where he explained that this principle may serve to limit the extent to which a nuisance claim could be based on activities which offended the senses of occupiers of property as opposed to physically detrimental to the property
  3. A nuisance can be defined, albeit in general terms, as an action (or sometimes a failure to act) on the part of a defendant, which is not otherwise authorised, and which causes an interference with the claimant's reasonable enjoyment of his land, or to use a slightly different formulation, which unduly interferes with the claimant's enjoyment of his land As Lord Wright said in Sedleigh-Denfield v O'Callaghan [1940] AC 880, 903, "a useful test is perhaps what is reasonable according to the ordinary usages of mankind living in society, or more correctly in a particular society"
  4. In Sturges v Bridgman (1879) 11 Ch D 852, 865, Thesiger LJ, giving the judgment of the Court of Appeal, famously observed that whether something is a nuisance "is a question to be determined, not merely by an abstract consideration of the thing itself, but in reference to its circumstances", and "what would be a nuisance in Belgrave Square would not necessarily be so in Bermondsey" Accordingly, whether a particular activity causes a nuisance often depends on an assessment of the locality in which the activity concerned is carried out
  5. As Lord Goff said in Cambridge Water Company v Eastern Counties Leather plc [1994] 2 AC 264, 299, liability for nuisance is "kept under control by the principle of reasonable user – the principle…

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[2014] UKSC 13
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