||All England Reporter
|| All ER (D) 252 (Jan)
|| EWCA Civ 28
||Court of Appeal, Civil Division
Waller, Richards and Hughes LJJ
||Richard Gordon QC and Robert Weir (instructed by Hugh James) for the claimants.
||David Hart QC and Michael Daiches (instructed by Osborne Clarke) for the defendants.
||29 January 2009
Nuisance - Sewer - Effectually dealing with contents of sewer - Sewage treatment works causing odour and mosquitoes - Statutory sewerage undertaker failing to take steps preventing odour and mosquitoes - Claim for nuisance and breach of right to respect for private and family life - European Convention on Human Rights, art 8, 41.
Nuisance Sewer. Court of Appeal, Civil Division: The Court allowed in part the appeal of the claimants against preliminary rulings made by a judge hearing a group action for nuisance and breach of their rights under art8 of the European Convention on Human Rights. Those rulings concerned the recoverability of damages or just satisfaction, pursuant to art41 of the Convention, by, inter alia, those occupiers of the relevant properties who had no pecuniary right in relation to it.
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