Dobson & Ors v Thames Utilities

Dobson & Ors v Thames Utilities

Permission to appeal is granted on the issues of whether non-property owning household members can claim separate Article 8 damages, whether nuisance damages can be 'topped up' under the Human Rights Act, and whether alternative remedies are relevant to just satisfaction. Claimants are permitted to withdraw previous concessions to argue these points of principle.

Parties
Appellant: Dobson & Ors; Respondent: Thames Utilities
Jurisdiction
England and Wales
Judgment Date
18 March 2008
Procedural Posture
Civil Appeal / Application for Permission to Appeal Interlocutory Judgment on Preliminary Issues
Outcome
Permission to appeal granted
Legal Topics
Nuisance, Damages, Article 8 ECHR, Human Rights Act 1998, Alternative Remedies
Tort Law Human Rights Law Environmental Law Nuisance Damages Article 8 ECHR Human Rights Act 1998 Alternative Remedies

Case Brief

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Parties

Dobson & Ors

Appellant

Thames Utilities

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal Interlocutory Judgment on Preliminary Issues

Legal Issues

  1. 1 Whether damages for nuisance to property owners preclude separate Article 8 claims by non-property owning household members
  2. 2 Whether damages for nuisance can be 'topped up' under the Human Rights Act 1998 if lower than Article 8 damages
  3. 3 Whether alternative non-pecuniary remedies are relevant to just satisfaction under Section 8(3) of the Human Rights Act

Ratio Decidendi

Permission to appeal is granted on the issues of whether non-property owning household members can claim separate Article 8 damages, whether nuisance damages can be 'topped up' under the Human Rights Act, and whether alternative remedies are relevant to just satisfaction. Claimants are permitted to withdraw previous concessions to argue these points of principle.

Court Disposition

Permission to appeal granted

Orders

  • Claimants permitted to withdraw previous concessions for purposes of appeal
  • Permission to appeal granted on Issues 9, 10, and 11B as identified