Private Nuisance Cases

St Helen’s Smelting v Tipping 1865

C’s property in factory district, alleged D’s fumes damaged trees & shrubs and sued for nuisance. D liable. Locality only relevant where nuisance is sensible personal discomfort

Sedleigh-Denfield v O’Callaghan 1940

Trespasser (local council) laid pipe in D’s land which blocked and C’s land flooded. For 3 years before flooding, D’s servant responsible for clearing ditch and was aware of risk of flooding. D liable for continuing and adopting nuisance

Hunter v Canary Wharf Ltd 1997

Cs were residents who complained that erection of Canary Wharf Tower interfered with TV reception and construction created excessive dust. Many Cs were mere licensees without title. Licensees had no standing as nuisance is a tort to land

Cambridge Water v Eastern Counties Leather plc 1994

Reasonable foreseeability of damage a prerequisite for damages under nuisance, but not for an injunction. D used chemical PCE in tanning trade, spillages accumulated and carried to C’s borehole several miles away, polluting water. C sued under RvF

Coventry v Lawrence 2014

Grant of planning permission not in itself a defence to nuisance, but could justify refusal of an injunction and awarding damages instead