Overlooking
Overlooking No cause of action in private nuisance - Art 8 ECHR Fearn v Board of Trustees of the Tate Gallery [2020] EWCA Civ 104 Summary There was no…
Nuisance and Trespass
Japanese Knotweed
Damages Amenity value - not diminution in value Network Rail Infrastructure Ltd v Williams [2018] EWCA Civ 1514 Summary Network Rail was liable in…
Self-help
When is self-help available? Macnab v Richardson [2008] EWCA Civ 1631 The slightest encroachment on another-s land is a trespass ( Ellis v Loftus Iron…
Defences
Interference with easement Defences to claim - estoppel and laches Lester v Woodgate [2010] EWCA Civ 199 Summary The dominant owner can lose his right…
Fire
Rylands v Fletcher Possible but very unlikely to apply Stannard v Gore [2012] EWCA Civ 1248 Summary Although liability for fire damage in principle…
Trees
Damages - tree roots Delaware Mansions Ltd v Westminster City Council [2001] UKHL 55 Summary Where there is a continuing nuisance, which a defendant…
Water
Rylands v Fletcher Transco plc v Stockport Metropolitan BC [2003] UKHL 61 Facts Without negligence on the part of the defendant water escaped from a…
Occupation by licensee
Behaviour of occupier Liability of landlord Cocking v Eacott [2016] EWCA Civ 140 Summary A property owner was liable in nuisance to her neighbours…
Damages - account of profits
This page refers to two cases that deal with a claim for an account of profits (sometimes known as "restitutionary damages") - one in trespass and the…
Trespass
This page deals with trespass by livestock, overhanging cranes and trespassing pipes beneath the surface of the land. Livestock Bryant v Macklin…
Defects in neighbouring property
Requirements for cause of action Birmingham Development Co Ltd v Tyler [2008] EWCA Civ 859 Summary In order to establish a claim in nuisance against a…
English