Thornhill & Ors v Nationwide Metal Recycling Ltd & Anor

Thornhill & Ors v Nationwide Metal Recycling Ltd & Anor

The Court of Appeal held that the judge was entitled to find that the actionable nuisance ceased after the erection of the acoustic barriers, as the noise was reduced to a non-actionable level. The judge's findings were supported by the evidence, including site visits and expert reports, and there was no error of law. On costs, although the claimants failed to comply with some aspects of the Practice Direction on Pre-Action Conduct, these deficiencies were remedied before trial and did not warrant a reduction in the claimants' costs. Both the claimants' appeal and the defendants' cross-appeal on costs were dismissed.

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 / Appeal From High Court Judgment
Outcome
Both the claimants' appeal and the defendants' 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 / Appeal From High Court Judgment

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 Court of Appeal held that the judge was entitled to find that the actionable nuisance ceased after the erection of the acoustic barriers, as the noise was reduced to a non-actionable level. The judge's findings were supported by the evidence, including site visits and expert reports, and there was no error of law. On costs, although the claimants failed to comply with some aspects of the Practice Direction on Pre-Action Conduct, these deficiencies were remedied before trial and did not warrant a reduction in the claimants' costs. Both the claimants' appeal and the defendants' cross-appeal on costs were dismissed.

Court Disposition

Both the claimants' appeal and the defendants' cross-appeal dismissed.

Orders

  • Claimants' appeal dismissed.
  • Defendants' appeal on costs dismissed.