Duncan, the care home and playground scenario is decisive in so much as who was there first. If the developers have built next to the school then they have to accept that there will be a transmission of noise from the school as part and parcel of the environment . In terms of the residents, they too have come to the nuisance and should have been aware of the noise transmission. Those distractions which are part and parcel of the ongoing character of the location will not be considered to be a statutory nuisance . Another clear example is someone moving into a care home on a traffic cross roads with lots of trucks and buses rumbling along . A case for statutory nuisance is most strong when the disturbance is not a consistent feature of the location.
Thank you so much for these videos!
Duncan, the care home and playground scenario is decisive in so much as who was
there first. If the developers have built next to the school then they have to accept that there will be a transmission of noise from the school as part and parcel of the environment . In terms of the residents, they too have come to the nuisance and should have been aware of the noise transmission. Those distractions which are
part and parcel of the ongoing character of the location will not be considered to be a statutory nuisance . Another clear example is someone moving into a care home on a traffic cross roads with lots of trucks and buses rumbling along . A case for statutory nuisance is most strong when the disturbance is not a consistent feature of the location.
Appreciate you taking the time to explain. Thank you for the clarification!
Please do more lecture style video on Cambridge a level thank you very much
What is the case you refer to in the scenario of fume damage to rose garden, please?
St Helen’s Smelting v Tipping (I think)
It’s very useful
Thank you!
Hi,
Can u please make a video on no fault strict liability that would be great
OK.
What about dust causing damages to crops from construction?
Yes what would be the case here?
There is a case about fumes instead of dust. It's St Helen’s Smelting v Tipping. It's relating to the concept of locality