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Law Cases
Tort Law Cases
Private Nuisance Cases

Dennis v Ministry of Defence [2003] EWHC 793 (QB)

Country:
United Kingdom
By Oxbridge Law Team
Buckley J

  • An RAF base was set up to practice defence manoeuvres and the claimant said that the noise gave rise to a claim in nuisance and a breach of his Article 8 rights.

  • Plaintiff sought an injunction to stop Defendant from undertaking manoeuvres there.

  • Court awarded Plaintiff damages but did not grant an injunction.

Buckley J

  • Said that the public nature of the activities was a defence to otherwise actionable nuisances (provided no more was being done than was absolutely necessary) but that it could NOT be a defence where a claim under the ECHR/HRA might succeed.

  • Although the activity needed to continue in the public interest, Plaintiff should not have to bear the cost of the public interest and should therefore be given compensation, which would satisfy article 8 compliance requirements. 

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