Source: All England Reporter
Publisher Citation: [2009] All ER (D) 252 (Jan)
Neutral Citation: [2009] EWCA Civ 28
Court: Court of Appeal, Civil Division
Judge:

Waller, Richards and Hughes LJJ

Representation 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.
Judgment Dates: 29 January 2009

Catchwords

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.

The Case

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.

Practice Areas

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