The Mudcat Café TM
Thread #113450   Message #2413550
Posted By: Richard Bridge
14-Aug-08 - 10:55 AM
Thread Name: UK Petition worth signing
Subject: RE: UK Petition worth signing
No, Bryn, exactly the opposite.

But "what is a nuisance in Belgrave Square would not necessarily be one in Bermondsey" - it is a matter of the interference with the reasonable use and enjoyment of the plaintiff's land. On the basis of this there is some speculation that the well known "cockerel" case where a townie moved in next to a farm and won his case in nuisance might well have been decided the other way on another day before another judge.

As I said above, Denning was fond of English country pastimes (like cricket) and as reluctant to think of the occasional cricket ball on the bonce as a nuisance. Might explain some of his judgments, what?

I ahve not researched cases but I am by no means clear that church bells for services and a reasonable amount of practice at reasonable times would necessarily be a private nuisance.

Hooligans bellowing inside and outside a pub (and when inside with amplifiers) are clearly on the other side of the line.

I also think there was case in which an opera company whose soprano could, when performing outside, be heard for 3 miles was a nuisance. So have peacocks been held to be but of course they are not an indigenous English animal.

We all have to live somewhere, and just because the locals used to piss in the well before civilisation arrived does not mean it should continue - not even in Upper Dogsbottom.