Pusey & Anor v Somerset County Council

Pusey & Anor v Somerset County Council

The frequency and nature of the incidents complained of (noise, urination, anti-social behaviour) were not excessive or unreasonable in context; the interference did not reach the threshold for actionable nuisance, and the claimants' sensitivity and investigative behaviour contributed to their perception of disturbance. The judge's factual findings were upheld and the appeal dismissed.

Parties
Claimant/appellant: John Edward Pusey; Claimant/appellant: Cherry Lynne Pusey; Defendant/respondent: Somerset County Council
Jurisdiction
England and Wales
Judgment Date
19 July 2012
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Private Nuisance, Highway Authority Liability, Statutory Powers, Public Interest, Neighbourhood Character
Tort Law Private Nuisance Highway Authority Liability Statutory Powers Public Interest Neighbourhood Character

Case Brief

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Parties

John Edward Pusey

Claimant/appellant

Cherry Lynne Pusey

Claimant/appellant

Somerset County Council

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the use of a lay-by adjacent to the claimants' property constitutes an actionable private nuisance
  2. 2 Whether the frequency and nature of activities (noise, urination, anti-social behaviour) amount to unreasonable interference with the claimants' enjoyment of their property
  3. 3 Whether the highway authority can be liable for nuisance arising from lawful use of the highway

Ratio Decidendi

The frequency and nature of the incidents complained of (noise, urination, anti-social behaviour) were not excessive or unreasonable in context; the interference did not reach the threshold for actionable nuisance, and the claimants' sensitivity and investigative behaviour contributed to their perception of disturbance. The judge's factual findings were upheld and the appeal dismissed.

Court Disposition

appeal dismissed