Piper & Anor v Clifford Kent Ltd.

Piper & Anor v Clifford Kent Ltd.

The judge erred in concluding the actionable smell nuisance ceased in 2000, as the evidence of the claimants and neighbours established its continuation, and there was no evidence of significant change at the farm to justify the finding.

Parties
Claimants/appellants: Mr and Mrs Piper; Defendant/respondent: Clifford Kent Ltd
Jurisdiction
England and Wales
Judgment Date
12 November 2003
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed; finding of no continuing nuisance quashed; matter remitted for determination of remedy.
Legal Topics
Nuisance, Damages, Injunctions, Remedies
Tort Law Nuisance Damages Injunctions Remedies

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mr and Mrs Piper

Claimants/appellants

Clifford Kent Ltd

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the judge erred in finding that the actionable smell nuisance ceased in 2000
  2. 2 Whether there is a continuing actionable nuisance by smell
  3. 3 What is the appropriate remedy for the nuisance

Ratio Decidendi

The judge erred in concluding the actionable smell nuisance ceased in 2000, as the evidence of the claimants and neighbours established its continuation, and there was no evidence of significant change at the farm to justify the finding.

Court Disposition

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

Orders

  • Appeal allowed with costs.
  • Finding of no continuing nuisance quashed.