Wallace & Anor v Crossley & Anor

Wallace & Anor v Crossley & Anor

The trial judge's findings on nuisance, damages, and costs were supported by evidence and proper legal standards; there was no bias or procedural unfairness; the Crossleys had no prescriptive right to commit nuisance; and the orders for payment and charging order were justified.

Parties
Claimant/respondent: The Hon. Robin GH Wallace; Claimant/respondent: Mrs Jill A Wallace; Defendant/applicant: Mrs E Claire Crossley; Defendant/applicant: Mr Peter J Crossley
Jurisdiction
England and Wales
Judgment Date
02 November 2005
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
permission to appeal refused
Legal Topics
Easements, Nuisance by Effluent, Costs, Damages, Appeal Procedure
Property Law Nuisance Civil Procedure Easements Nuisance by Effluent Costs Damages Appeal Procedure

Case Brief

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Parties

The Hon. Robin GH Wallace

Claimant/respondent

Mrs Jill A Wallace

Claimant/respondent

Mrs E Claire Crossley

Defendant/applicant

Mr Peter J Crossley

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in finding nuisance by appearance and smell of effluent
  2. 2 Whether the trial judge was biased or unfair in the conduct of the trial
  3. 3 Whether the Crossleys had a prescriptive right to commit nuisance

Ratio Decidendi

The trial judge's findings on nuisance, damages, and costs were supported by evidence and proper legal standards; there was no bias or procedural unfairness; the Crossleys had no prescriptive right to commit nuisance; and the orders for payment and charging order were justified.

Court Disposition

permission to appeal refused

Orders

  • Permission to appeal against the order of 20th June 2005 refused
  • Permission to appeal against the strike out order of 1st September 2005 refused