Reg's Skips v Yates [2008] JCA 077B (19 May 2008)

Reg's Skips v Yates [2008] JCA 077B (19 May 2008)

The duty of voisinage is owed by both owners and occupiers of land; excessive noise actionable if it exceeds what an average person can tolerate; planning permission does not override private law duties unless it inevitably alters the character of the neighbourhood; the Royal Court applied the correct legal test and properly preferred the respondent's expert evidence.

Citation
[2008] JCA 077B
Parties
Plaintiff/respondent: Marc Silvanus Dorey Yates; Plaintiff/respondent: Michaela Yates nee Van Neste; Defendant/appellant: Reg's Skips Limited
Jurisdiction
Jersey
Judgment Date
19 May 2008
Procedural Posture
Civil Appeal / Appeal From Royal Court Judgment Granting Injunction
Outcome
Appeal dismissed
Legal Topics
Voisinage, Nuisance, Noise Pollution, Quasi Contract, Landlord and Tenant Liability
Property Law Tort Law Customary Law Voisinage Nuisance Noise Pollution Quasi Contract Landlord and Tenant Liability

Case Brief

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Parties

Marc Silvanus Dorey Yates

Plaintiff/respondent

Michaela Yates nee Van Neste

Plaintiff/respondent

Reg's Skips Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Royal Court Judgment Granting Injunction

Legal Issues

  1. 1 Whether excessive noise is actionable under the doctrine of voisinage
  2. 2 Whether tenants as occupiers owe duties under voisinage or only landowners
  3. 3 Whether the Royal Court applied the correct legal test regarding the average person's tolerance to noise

Ratio Decidendi

The duty of voisinage is owed by both owners and occupiers of land; excessive noise actionable if it exceeds what an average person can tolerate; planning permission does not override private law duties unless it inevitably alters the character of the neighbourhood; the Royal Court applied the correct legal test and properly preferred the respondent's expert evidence.

Court Disposition

Appeal dismissed

Orders

  • Injunction preventing Reg's Skips Limited from operating its skip business at or in the immediate vicinity of Heatherbrae Farm is upheld