Dobson & Ors v Thames Water Utilities Ltd (No. 3)

Dobson & Ors v Thames Water Utilities Ltd (No. 3)

The court has discretion to award interest on general damages for nuisance under section 35A of the Senior Courts Act 1981. Given the annual assessment of damages for each year of nuisance, interest should be awarded on each annual sum from the mid-point of the year until judgment at the special account rate, not the 2% rate used in personal injury cases.

Parties
Claimants: Hanifa Dobson & Others; Defendants: Thames Water Utilities Limited
Jurisdiction
England and Wales
Judgment Date
17 April 2012
Procedural Posture
Civil / Post Judgment Application for Interest on General Damages
Outcome
Interest awarded to Claimants on general damages for nuisance.
Legal Topics
Interest on Damages, Assessment of Damages, Discretion to Award Interest
Tort Law Nuisance Damages Interest on Damages Assessment of Damages Discretion to Award Interest

Case Brief

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Parties

Hanifa Dobson & Others

Claimants

Thames Water Utilities Limited

Defendants

Procedural Posture

Civil / Post Judgment Application for Interest on General Damages

Legal Issues

  1. 1 Whether interest should be awarded on general damages for nuisance
  2. 2 The appropriate rate and period for such interest

Ratio Decidendi

The court has discretion to award interest on general damages for nuisance under section 35A of the Senior Courts Act 1981. Given the annual assessment of damages for each year of nuisance, interest should be awarded on each annual sum from the mid-point of the year until judgment at the special account rate, not the 2% rate used in personal injury cases.

Court Disposition

Interest awarded to Claimants on general damages for nuisance.

Orders

  • Schedule A Claimants are entitled to interest under Section 35A of the Senior Courts Act 1981 on the general damages awarded for nuisance for each year from the mid-point of that year or part year up to the date of judgment, at the special account rate.
  • Parties to provide an agreed calculation for that interest.