Goode v Owen & Anor [2001] EWCA Civ 2101 (20 December 2001)

Goode v Owen & Anor [2001] EWCA Civ 2101 (20 December 2001)

The nuisance caused by stray golf balls was confined to the contaminated areas (about two and a half acres) and did not render the entire 18 acres unmowable; injunctive relief requiring a large fence was disproportionate; damages are the appropriate remedy, and the case is remitted for assessment of damages on the correct basis.

Citation
[2001] EWCA Civ 2101
Parties
Claimant/respondent: Harry Lawrence Goode; Defendant/appellant: John Ernest Owen; Defendant/appellant: Four Ashes Golf Centre Limited
Jurisdiction
England and Wales
Judgment Date
20 December 2001
Procedural Posture
Civil Appeal / Appeal From Birmingham County Court Decision
Outcome
Appeal allowed in part; injunctive relief set aside; case remitted for assessment of damages.
Legal Topics
Private Nuisance, Damages, Injunctions, Land Use, Agricultural Loss
Tort Law Property Law Private Nuisance Damages Injunctions Land Use Agricultural Loss

Case Brief

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Parties

Harry Lawrence Goode

Claimant/respondent

John Ernest Owen

Defendant/appellant

Four Ashes Golf Centre Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Birmingham County Court Decision

Legal Issues

  1. 1 Whether the escape of golf balls constituted a nuisance
  2. 2 Whether the nuisance justified injunctive relief or damages
  3. 3 Whether the entire 18 acres was rendered unmowable and unusable for hay production

Ratio Decidendi

The nuisance caused by stray golf balls was confined to the contaminated areas (about two and a half acres) and did not render the entire 18 acres unmowable; injunctive relief requiring a large fence was disproportionate; damages are the appropriate remedy, and the case is remitted for assessment of damages on the correct basis.

Court Disposition

Appeal allowed in part; injunctive relief set aside; case remitted for assessment of damages.

Orders

  • Injunctive relief requiring erection of a fence set aside.
  • Case remitted to County Court for assessment of damages on the correct basis.