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Wheeler V JJ Saunders Ltd
''Wheeler v JJ Saunders Ltd'' Court of Appeal case on Nuisance in English law">nuisance which amended the precedent set by ''Gillingham Borough Council v Medway (Chatham) Dock Co Ltd''. Wheeler was a veterinary surgeon who owned Kingdown Farm House; the wider farm was owned by J.J. Saunders Ltd, who used it for raising pigs. After Saunders gained planning permission for a pair of pig houses, Wheeler brought an action in nuisance, alleging that the smell of the pigs interfered with his use and enjoyment of the land. When the case went to the Court of Appeal, Saunders argued that the granting of planning permission for the pig houses had changed the nature of the area, as in ''Gillingham'', making the nuisance permissible. The Court of Appeal rejected this argument, holding that a pair of pig houses was not a sufficient development to change the nature of an area; the centre of the ''Gillingham'' case had been a commercial dock, which was a sufficient development. Facts Wheeler was a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice of England and Wales, Lord Chief Justice and the Master of the Rolls, Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Christopher Staughton
Sir Christopher Stephen Thomas Jonathan Thayer Staughton, Privy Council of the United Kingdom, PC (24 May 1933 – 15 October 2014) was an English barrister and judge, who sat as a justice of the High Court of Justice, Court of Appeal of England and Wales and President of the Court system of Gibraltar, Court of Appeal of Gibraltar. Biography He was educated at Eton College and Magdalene College, Cambridge, where he graduated with first-class honours in law in 1956. Staughton specialised in commercial law, most notably appearing in ''Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd''. He served as a Recorder in the Crown Court between being appointed to the High Court of Justice in 1981. In 1987 he was appointed to the Court of Appeal of England and Wales, where he sat until 1997. From 2005 to 2006, he served as the 6th President of the Court of Appeal of Gibraltar. Staughton died at Sarratt, Hertfordshire on 15 October 2014, aged 81. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peter Gibson (judge)
Sir Peter Leslie Gibson (born 10 June 1934), is a former British barrister and Lord Justice of Appeal of the Court of Appeal of England and Wales, and is currently a judge of the Qatar International Court. Gibson has also served, between April 2006 and December 2010, as the UK's Intelligence Services Commissioner, and was appointed by David Cameron in July 2010 to lead the Detainee Inquiry. He is an honorary member of the Society of Legal Scholars. Education and career Gibson was educated at Malvern College and graduated from Worcester College, Oxford. He was called to the Bar by the Inner Temple in 1960, and was knighted and appointed to the High Court of Justice in 1981, serving in the Chancery Division. He served as a judge of the Employment Appeal Tribunal in 1984, and, from 1990 to 1992, as Chairman of the Law Commission for England and Wales. From 1993 until 2005, he was a Lord Justice of Appeal of the Court of Appeal of England and Wales. In 2006, he was made Intelligen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John May (judge)
Sir John Douglas May, PC (28 June 1923 – 15 January 1997) was a British Court of Appeal judge appointed by the British Government to investigate the miscarriages of justice related to the Maguire Seven and other miscarriages linked to IRA bombing offences. Life and career May was educated at Clifton College and Balliol College, Oxford, where he was a Scholar. During World War II, he served with the Royal Naval Volunteer Reserve. He was called to the bar by the Inner Temple in 1947 and took silk in 1965. He was appointed to the High Court and assigned to the Queen's Bench Division in 1972, receiving the customary knighthood. In 1982, he was made a Lord Justice of Appeal and made a Privy Counsellor, serving until 1989. Maguire Seven inquiry On 20 October 1989 following the quashing of the Guildford Four convictions, May was appointed to chair an inquiry into both that case and the related case of the Maguire Seven. On 12 July 1990, the Home Secretary David Waddington p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal of England and Wales, Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Courts of England and Wales. Its name is abbreviated as EWHC (England and Wales High Court) for legal citation purposes. The High Court deals at Court of first instance, first instance with all high value and high importance Civil law (common law), civil law (non-criminal law, criminal) cases; it also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions, though there are debates as to whether these exceptions are effective. The High Court consists of three divisions: the King's Bench Division, the #Chancery Division, Chancery Division and the #Family Division, Family Division. Their jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nuisance In English Law
Nuisance in English law is an area of tort law broadly divided into two torts; private nuisance, where the actions of the defendant are "causing a substantial and unreasonable interference with a laimants land or his/her use or enjoyment of that land", and public nuisance, where the defendant's actions "materially affects the reasonable comfort and convenience of life of a class of Her Majesty's subjects"; public nuisance is also a crime. Both torts have been present from the time of Henry III, being affected by a variety of philosophical shifts through the years which saw them become first looser and then far more stringent and less protecting of an individual's rights. Each tort requires the claimant to prove that the defendant's actions caused interference, which was unreasonable, and in some situations the intention of the defendant may also be taken into account. A significant difference is that private nuisance does not allow a claimant to claim for any personal injury s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gillingham Borough Council V Medway (Chatham) Dock Co Ltd
''Gillingham Borough Council v Medway (Chatham) Dock Co Ltd'' 993QB 343 is a case in English tort law covering nuisance. The council granted planning permission to Medway (Chatham) Dock Co Ltd to redevelop the Chatham Dockyard as a commercial port, noting that this would have some impact on local residents but authorising it because the economic benefit would far outweigh any potential noise problems. The port's activity called for a large number of heavy duty vehicles moving around the clock, and by 1988 there were almost 750 lorries using the port per day. The Borough Council brought an action against the dock company in public nuisance on behalf of its residents, and the case was heard by Buckley J in the High Court of Justice. Buckley, while rejecting the dock company's arguments that only illegal acts could be public nuisances and that the granting of planning permission authorised the nuisance, held that the dock's activities were not a public nuisance. This was because the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Priddy
Priddy is a village in Somerset, England in the Mendip Hills, close to East Harptree and north-west of Wells. It is in the local government district of Mendip. The village lies in a small hollow near the summit of the Mendip range of hills, at an elevation of nearly above sea-level, and has evidence of occupation since neolithic times. There are remains of lead mining activities and caves in the limestone beneath the village. It is the venue for the annual Priddy Folk Festival. The Sheep Fair, was last held in 2013. Etymology Priddy, with medieval variations of spellings such as Predy, Priddie, Pridi, Pridia, Pridie and Prydde, is a name that has been ascribed to the Welsh influence that pre-dated the arrival of the Saxon English. It has been particularly attributed to pridd (= "earth"). This might be suggestive of the Iron Age mining activities. The Latin words pratum (= a meadow) and praedium (= a farm) have given rise to such Alpine names as Preda and Prada and it h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Easement
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions. An easement is similar to real covenants and equitable servitudes. In the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes. Easements are helpful for providing access across two or more pieces of property, allowing individuals to access other properties or a resource, for example to fish in a privately owned pond or to have access to a public beach. The rights of an easement holder vary substantially among jurisdictions. Types Historically, common law courts would enforce only four types of easement: * Right-of-way (easements of way) * Easements of support (pertaining to excavations) * Easemen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wheeldon V Burrows
''Wheeldon v Burrows'' (1879) LR 12 Ch D 31 is an English land law case confirming and governing a means of the implied grant or grants of easements — the implied grant of all continuous and apparent inchoate easements (quasi easements, that is they would be easements if the land were not before transfer in unity of possession and title) to a transferree of part, unless expressly excluded. The case consolidated one of the three current methods by which an easement can be acquired by implied grant. It was little altered by subsequent case law by 1925 but has been further consolidated by section 62 of the Law of Property Act 1925. Both types of implied grant are widely excluded in agreements by sellers of part and to some extent other transferors of part, so that the retained land can be developed subject to general and local planning law constraints. Facts Mr Tetley owned a piece of land and a workshop in Derby, which had windows overlooking and receiving light from the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alfred Thesiger
Alfred Henry Thesiger PC QC (15 July 1838 – 20 October 1880), styled The Hon. Alfred Thesiger from 1858 to 1877 and The Rt Hon. Lord Justice Thesiger from 1877, was a British lawyer and judge. Early life Thesiger was the third son of Lord Chancellor Frederic Thesiger, 1st Baron Chelmsford, by his wife Anna Maria (née Tinling). He played one first-class cricket match for the Marylebone Cricket Club in 1861. Career He was Attorney-General to the Prince of Wales and was appointed a Queen's Counsel in 1873. In 1877, at the age of 37, he was made a Lord Justice of Appeal and sworn of the Privy Council. In the summer of 1877 Thesiger, took on the Arbitration of Doctor Thomas Barnardo as his legal counsel at the behest of the Evangelical Lord Chancellor, Lord Cairns. (p. 105 ''"Slumming" Seth Koven'') Judgments *''The Household Fire and Carriage Accident Insurance Company (Limited) v Grant'' (1878–79) LR 4 Ex D 216 - English contract law concerning the "postal rule", and con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aldred's Case
''Aldred's Case'' (1610) 9 Co Rep 57b; (1610) 77 ER 816, 558–1774All ER Rep 622, is an English land law and tort law case on nuisance. The case can be seen as the birth of the ordinary man having a cause of action in certain types of environmental law against his immediate neighbour. The case confirmed a legal right to abate relatively extreme noise and smell, provided it cannot be justified as being protected by way of an easement have arisen such as from the passing of time (an easement by prescription) or custom on the piece of land in question. The judge recited the separate law, in an ''obiter dictum'' in an old Latin maxim in the English common law, that there is no right to a view. William Aldred claimed that Thomas Benton had erected and used a pigsty too close to his house, so that the stench made his own house unbearable to live in, including the "stopping of wholesome air". Judgment The Court ruled that the smell of the sty was enough to deprive Aldred of his proper ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
