Miller v Jackson [1977] EWCA Civ 6 (06 April 1977)
The majority held that, although the cricket club's activities caused some risk and damage, the public interest in preserving the cricket ground and the long-standing use outweighed the private interest of the plaintiffs. The injunction was refused, and damages were awarded instead, as the plaintiffs had chosen to live next to the cricket ground and the club had taken reasonable precautions.
- Citation
- [1977] EWCA Civ 6
- Parties
- Plaintiffs: Mrs. Miller and Mr. Miller; Defendants: Lintz Cricket Club
- Jurisdiction
- England and Wales
- Judgment Date
- 06 April 1977
- Procedural Posture
- Civil Appeal / Court of Appeal Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Nuisance, Negligence, Injunctions, Balancing Public and Private Interests
Case Brief
Summary, issues, holding and outcome
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Parties
Mrs. Miller and Mr. Miller
Plaintiffs
Lintz Cricket Club
Defendants
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Legal Issues
- 1 Whether the playing of cricket by the defendants constitutes a nuisance or negligence to the plaintiffs, justifying an injunction to restrain cricket on the ground.
Ratio Decidendi
The majority held that, although the cricket club's activities caused some risk and damage, the public interest in preserving the cricket ground and the long-standing use outweighed the private interest of the plaintiffs. The injunction was refused, and damages were awarded instead, as the plaintiffs had chosen to live next to the cricket ground and the club had taken reasonable precautions.
Court Disposition
Appeal allowed
Orders
- Injunction refused
- Damages awarded at £400 for past and future losses
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