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On appeal from: [2012] EWCA Civ 26.

Raises a number of points in connection with the law of private nuisance. The Supreme Court unanimously allowed the appeal. The respondents’ activities at a stadium (speedway racing) constituted a nuisance owing to noise and, as the respondents had failed to establish a prescriptive right to carry out these activities, the injunction granted by the judge was restored, although it remained stayed because the appellants’ house had not yet been rebuilt after a fire. It was wrong in principle that, through the grant of planning permission, a planning authority should be able to deprive a property-owner of a right to object to what would otherwise be a nuisance, without providing compensation

For judgment, please download: [2014] UKSC 13
For Court’s press summary, please download: Court’s Press Summary
For a non-PDF version of the judgment, please visit: BAILII