Source: All England Reporter
Publisher Citation: [2013] All ER (D) 03 (Jan)
Neutral Citation: [2012] EWHC 2610 (QB)
Court: Queen's Bench Division, Birmingham District Registry
Judge:

Judge McKenna

Representation Stephen Tromans QC and Gordon Wignall (instructed by Hugh James solicitors) for the claimants.
  Katharine Holland QC and Katie Helmore (instructed by Carter Lemon Camerons LLP) for Norton.
Judgment Dates: 28 September 2012

Catchwords

Nuisance - Smell - Noise - Dust - Defendant company owning aluminium foundry - Claimants being residents living close by to foundry - Claimants complaining of, inter alia, smell, noise and dust emanating from foundry - Claimants bringing claim for nuisance against defendant - Whether defendant causing nuisance.

The Case

Nuisance Smell. The claimants had complained that the defendant company, Norton Aluminium Ltd, had caused nuisance by the emission of odour, noise, and particulate matter-dust from its foundry to which the claimants lived close by to as residential residents. The Queen's Bench Division held, inter alia, that the claimants had failed to establish a legal nuisance by way of dust and noise emanating from the foundry but had established an unreasonable interference with the use and enjoyment of their properties by reason of odour for a period beginning in mid 2003 and ending in mid 2010.

Practice Areas

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