Thornhill & Ors v Nationwide Metal Recycling Ltd & Anor [2011] EWCA Civ 919 (29 July 2011)

Thornhill & Ors v Nationwide Metal Recycling Ltd & Anor [2011] EWCA Civ 919 (29 July 2011)

The judge was entitled to find that, after the erection of acoustic barriers and regulation of crane use, no actionable nuisance persisted. The claimants' evidence did not establish a material interference with the use and enjoyment of their property post-barrier. On costs, although the claimants failed to comply with pre-action conduct requirements, this was remedied before trial and did not warrant depriving them of costs given their substantive success.

Citation
[2011] EWCA Civ 919
Parties
Claimant/appellant: Pamela Thornhill; Claimant/appellant: Trevor Foulkes; Claimant/appellant: Elizabeth Foulkes; Defendant/respondent: Nationwide Metal Recycling Ltd; Defendant/respondent: Roundwood Restorations Ltd
Jurisdiction
England and Wales
Judgment Date
29 July 2011
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal and Cross Appeal
Outcome
Appeal and cross-appeal dismissed.
Legal Topics
Nuisance, Noise Pollution, Damages, Costs, Pre Action Conduct, Injunctions
Tort Law Environmental Law Civil Procedure Nuisance Noise Pollution Damages Costs Pre Action Conduct +1 more

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Parties

Pamela Thornhill

Claimant/appellant

Trevor Foulkes

Claimant/appellant

Elizabeth Foulkes

Claimant/appellant

Nationwide Metal Recycling Ltd

Defendant/respondent

Roundwood Restorations Ltd

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether actionable nuisance continued after erection of acoustic barriers
  2. 2 Whether the judge erred in awarding costs to claimants despite alleged pre-action conduct failures

Ratio Decidendi

The judge was entitled to find that, after the erection of acoustic barriers and regulation of crane use, no actionable nuisance persisted. The claimants' evidence did not establish a material interference with the use and enjoyment of their property post-barrier. On costs, although the claimants failed to comply with pre-action conduct requirements, this was remedied before trial and did not warrant depriving them of costs given their substantive success.

Court Disposition

Appeal and cross-appeal dismissed.

Orders

  • Claimants' appeal dismissed: no actionable nuisance after barriers erected.
  • Defendants' appeal on costs dismissed: claimants entitled to costs of the action.