Cornick v Le Gac [2003] JRC 169 (01 October 2003)

Cornick v Le Gac [2003] JRC 169 (01 October 2003)

The Defendant committed trespass by allowing scaffolding beams to project into the Plaintiff's airspace, and the Defendant's conduct during the building works, including excessive noise and lack of consideration, constituted a nuisance that crossed the threshold of actionable interference with the Plaintiff's enjoyment of her property.

Citation
[2003] JRC 169
Parties
Plaintiff: Mrs Cornick; Defendant: Mr Le Gac
Jurisdiction
Jersey
Judgment Date
01 October 2003
Procedural Posture
Civil / Judgment
Outcome
Judgment for the Plaintiff
Legal Topics
Trespass, Nuisance, Damages, Neighbour Disputes
Property Law Tort Law Trespass Nuisance Damages Neighbour Disputes

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs Cornick

Plaintiff

Mr Le Gac

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Defendant committed trespass by erecting scaffolding that encroached into the Plaintiff's airspace.
  2. 2 Whether the Defendant's building works constituted a nuisance by causing unreasonable noise and disturbance to the Plaintiff.

Ratio Decidendi

The Defendant committed trespass by allowing scaffolding beams to project into the Plaintiff's airspace, and the Defendant's conduct during the building works, including excessive noise and lack of consideration, constituted a nuisance that crossed the threshold of actionable interference with the Plaintiff's enjoyment of her property.

Court Disposition

Judgment for the Plaintiff

Orders

  • The Defendant shall pay £500 in damages for trespass.
  • The Defendant shall pay £1,500 in damages for nuisance.