Nuisance by Noise – The UK Supreme Court on Interference with the Use and Enjoyment of Land
Margaret Fordham
Citation: [2014] Sing JLS 397
Private nuisance cases rarely come before the United Kingdom's (UK) highest court _x000D_
and cases focusing on interference with the use and enjoyment of land (rather than_x000D_
physical damage or encroachment) are rarer still. Indeed, although there was some_x000D_
discussion of this aspect of private nuisance in Hunter v Canary Wharf Ltd, the last_x000D_
case at the highest level fully to canvass the factors relevant to a claim for interference_x000D_
with use and enjoyment of land was St Helen's Smelting Co v Tipping, decided by the House of Lords in 1865. Now, in Lawrence, the Supreme Court has been called on in a claim relating to noise to determine a number of questions, some focusing specifically on the nature of a nuisance which offends the senses and others raising points of more general application. They include the relevance of prescriptive rights and 'coming to the nuisance', the significance of both a defendant's activity and the planning permission for that activity when determining the character of the neighbourhood in which the activity takes place, and the circumstances in which damages, rather than injunctions, should be awarded in successful actions for nuisance.