Delaware Mansions Ltd & Anor v City Of Westminster [1999] EWCA Civ 1903 (21 July 1999)

Delaware Mansions Ltd & Anor v City Of Westminster [1999] EWCA Civ 1903 (21 July 1999)

A landowner subject to a continuing nuisance is entitled to recover the reasonable cost of eliminating the nuisance, even if the physical damage predated their ownership, provided the nuisance continued during their ownership and the remedial work was reasonable.

Citation
[1999] EWCA Civ 1903
Parties
Claimant/appellant: Delaware Mansions Limited; Claimant/appellant: Flecksun Limited; Defendant/respondent: The Lord Mayor and Citizens of the City of Westminster
Jurisdiction
England and Wales
Judgment Date
21 July 1999
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal of second claimant allowed; appeal of first claimant dismissed; leave to appeal to House of Lords refused.
Legal Topics
Private Nuisance, Continuing Nuisance, Remedies for Nuisance, Landowner Rights
Tort Law Property Law Private Nuisance Continuing Nuisance Remedies for Nuisance Landowner Rights

Case Brief

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Parties

Delaware Mansions Limited

Claimant/appellant

Flecksun Limited

Claimant/appellant

The Lord Mayor and Citizens of the City of Westminster

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether a subsequent freeholder can recover the cost of abating a continuing nuisance where the physical damage predated their ownership
  2. 2 Whether a continuing nuisance gives rise to a continuing cause of action for successive owners

Ratio Decidendi

A landowner subject to a continuing nuisance is entitled to recover the reasonable cost of eliminating the nuisance, even if the physical damage predated their ownership, provided the nuisance continued during their ownership and the remedial work was reasonable.

Court Disposition

Appeal of second claimant allowed; appeal of first claimant dismissed; leave to appeal to House of Lords refused.

Orders

  • Second claimant's appeal allowed with costs.
  • No order on the appeal of the first claimant; no order as to costs.