Woods & Anor v Riley & Anor

Woods & Anor v Riley & Anor

The activities complained of, including use of the sorting office and associated deliveries, did not amount to a breach of the restrictive covenant or common law nuisance. The use was reasonable for a village shop and post office, and any diminution in value was not established. The judge was entitled to find, on the evidence, that the noise and disturbance were within reasonable expectations and did not constitute actionable nuisance or breach of covenant.

Parties
Appellant: Carole Woods; Appellant: Richard Hughes; Respondent: Nigel Riley; Respondent: Ann Mary Riley
Jurisdiction
England and Wales
Judgment Date
04 July 2005
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Restrictive Covenants, Nuisance, Diminution in Value, Injunctions, Damages
Property Law Tort Law Restrictive Covenants Nuisance Diminution in Value Injunctions Damages

Case Brief

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Parties

Carole Woods

Appellant

Richard Hughes

Appellant

Nigel Riley

Respondent

Ann Mary Riley

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the use of the property as a sorting office and associated activities constituted a breach of restrictive covenant or common law nuisance
  2. 2 Whether the activities diminished the value of the claimants' property
  3. 3 Whether the judge gave proper weight to expert evidence on noise

Ratio Decidendi

The activities complained of, including use of the sorting office and associated deliveries, did not amount to a breach of the restrictive covenant or common law nuisance. The use was reasonable for a village shop and post office, and any diminution in value was not established. The judge was entitled to find, on the evidence, that the noise and disturbance were within reasonable expectations and did not constitute actionable nuisance or breach of covenant.

Court Disposition

appeal dismissed

Orders

  • Appellants to pay costs of appeal, summarily assessed at £11,500
  • Permission to appeal refused