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17 Cards in this Set
- Front
- Back
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Bunclark v Hertfordshire (damages) |
Where D's nuisance causes physical damage, the measure is diminution in market value |
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Andreae v Selfridge (damages) |
where D's nuisance causes interferences with amenity, C may recover excessive damages |
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Grounds for granting an injunction |
C must prove that his/her proprietary rights are being interfered with by D. C will be denied injunctive relief if damages are an adequate remedy. The court will not impose on D an obligation that is impossible, cannot be enforced or is unlawful. |
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The prohibitory injunction |
final or perpetual injunction, prohibiting D from unreasonably interfering with C's interest. Prohibitory injunctions focus on harm to C. |
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The mandatory injunction |
requires D to take positive action. The power to grant such an inunction must be exercised sparingly and with caution. C must show there is a 'very strong probability' of 'grave damage' and that damages would be inadeqaute. |
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Redland Bricks v Morris (mandatory injunction) |
D's clay-digging operation undermined C's wall. cost of restoring support to C's wall was £35,000. The value of C's land affected was £1,500. Mandatory injunction was rejected by HL because the cost to D far outweighed the benefits to the claimant. |
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Kenaway v Thompson |
C's house lay next to a lake. Power-boat races took place on the lake. CA granted C a qualified injunction which restricted the number of boat races, the duration of races and specified noise levels. |
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Qui Timet injunction |
injunction to prevent an apprehended legal wrong C must establish a justifiable fear or irreparable harm to self or property |
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Suspension of injunctions |
D is given time to adjust his or her behaviour so as to comply with the order D may be required to compensate C for unreasonable interferene during the period in which the injunction is suspended. Circusmtances where an injunction may be suspended: public utilities privately owned oil depot |
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Stollymeyer |
Nuisance caused by pollution of water injunction suspended for two years. |
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Supreme Court Act 1981 |
Power to award damages in lieu of an injunction |
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Shelfer (damages instead of injunction) |
injury to C must be small; injury to C can be expressed in monetary terms; monetary compensation would be an adequate remedy |
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Coventry v Lawrence |
A more flexible approach than Shelfer. D must be the be to put forward the case for awarding damages instead of injunction. |
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Bracewell v Appleby (damages in lieu of injunction-controversial case) |
Damages in lieu of an injunction should represent a 'proper and fair price' for the continuing interference. |
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Pennington v Brinksop Hall Coal Co (damages in lieu of an injunction) |
C sought an injunction; D argued that an injunction would close his business at a cost of £19,000; D also argued that 500 workers would loose their job. Injunction was granted despite the fact that the expected harm to C was £100 (when should the public interest override private rights?) |
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Watson v Croft Promo-Sport Ltd (flexibility) |
d's racing circuit was a source of noise. C (home owner) sought damages and injunctive relief. High court granted damages in lieu of injunction. This was a flexible approachh. On appeal, C succeeded in securing a qualified injunction. D could host only noisier forms of racing on a limited days of the year. |
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Coventry v Lawrence (read case) |
Critical rigid application of principles in Shelfer. This indicates a willingness to identify the public interest as a relevant concern. |
