Halsey v Esso Petroleum Co Ltd

Acid smuts from an oil depot which damaged a neighbour's car parked in the street were actionable in public nuisance and under Rylands v Fletcher, and noise and smell were private nuisances.

Citation
[1961] 1 WLR 683
Court
High Court (Queen's Bench Division)
Year
1961
Subject
Environmental Law
Topic
Environmental torts and civil liability

Facts

Mr Halsey lived in a residential street in Fulham, opposite an oil distribution depot operated by Esso. The depot emitted acid smuts from its boilers, which damaged washing hanging in his garden and the paintwork of his car parked in the street. There was also a pungent smell, and the noise of the boilers and of tankers arriving and leaving at night. He sued for damages and an injunction.

Legal principle

Veale J held that Esso was liable. The smell and the noise at night were a private nuisance, because they caused a substantial interference with the enjoyment of Mr Halsey's home, judged by the standards of an ordinary person living in the area. The damage to the washing was a private nuisance and was also actionable under Rylands v Fletcher, and the damage to the car, which was parked on the public highway, was actionable as a public nuisance, because Mr Halsey had suffered special damage. The case is a classic illustration of the overlap between the different torts in environmental cases.

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