Piper & Anor v Clifford Kent Ltd. [2003] EWCA Civ 1692 (12 November 2003)

Piper & Anor v Clifford Kent Ltd. [2003] EWCA Civ 1692 (12 November 2003)

The judge's reliance on limited expert evidence and a single site visit was insufficient to displace consistent witness testimony of ongoing intermittent smell nuisance; therefore, the nuisance is continuing.

Citation
[2003] EWCA Civ 1692
Parties
Claimants/appellants: Mr and Mrs Piper; Defendant/respondent: Clifford Kent Ltd
Jurisdiction
England and Wales
Judgment Date
12 November 2003
Procedural Posture
Appeal / Court of Appeal Judgment, Remitted to County Court for Remedy Determination
Outcome
Appeal allowed; finding of no continuing nuisance quashed; matter remitted to county court for determination of remedy.
Legal Topics
Nuisance, Remedies, Damages, Injunction
Tort Property Nuisance Remedies Damages Injunction

Case Brief

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Parties

Mr and Mrs Piper

Claimants/appellants

Clifford Kent Ltd

Defendant/respondent

Procedural Posture

Appeal / Court of Appeal Judgment, Remitted to County Court for Remedy Determination

Legal Issues

  1. 1 Whether the smell nuisance ceased in 2000 or is continuing
  2. 2 Appropriate remedy for continuing nuisance

Ratio Decidendi

The judge's reliance on limited expert evidence and a single site visit was insufficient to displace consistent witness testimony of ongoing intermittent smell nuisance; therefore, the nuisance is continuing.

Court Disposition

Appeal allowed; finding of no continuing nuisance quashed; matter remitted to county court for determination of remedy.

Orders

  • Respondent to serve and file evidence and statement of case as to remedy within 28 days.
  • Appellants to serve and file evidence and statement of case in reply within two weeks thereafter.