Hostname: page-component-cd9895bd7-jn8rn Total loading time: 0 Render date: 2024-12-25T05:28:54.124Z Has data issue: false hasContentIssue false
  • English
  • Français

The Law of Nuisance and the Human Rights Act

Published online by Cambridge University Press:  24 November 2003

Jesse Elvin
Get access

Extract

In Dennis v. Ministry of Defence [2003] EWHC 793, Buckley J. dealt with three points of principle relating to the law of nuisance. First, are some activities so vital to the interests of the State that their public benefit can act as a defence to a claim in nuisance no matter how intolerable they might be to neighbours, providing reasonable efforts are made to keep local annoyance to a minimum? Second, if a nuisance is established, can the public interest outweigh individual rights to the extent that a court can decline to make a declaration under section 21 of the Crown Proceedings Act 1947 even if the nuisance is something that no one should be called upon to endure in any location? Third, what is the significance, if any, of the Human Rights Act 1998 in relation to nuisance?

Type
Case and Comment
Information
The Cambridge Law Journal , Volume 62 , Issue 3 , 03 November 2003 , pp. 546 - 548
Copyright
Copyright © Cambridge Law Journal and Contributors 2003

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)