Kennaway v Thompson
The public interest in an activity that causes a nuisance does not prevent the court from granting an injunction to protect the claimant's rights.
Facts
Miss Kennaway built a house next to a lake where a motor boat racing club held races. Over time, the club's activities increased, with more frequent races and larger and noisier boats. The noise became intolerable, and Miss Kennaway sued the club in nuisance. The trial judge awarded damages instead of an injunction, because of the public interest in the club's activities.
Legal principle
The Court of Appeal granted an injunction limiting the number and noise level of the club's races. Lawton LJ said that the judge had been wrong to refuse an injunction on the ground of public interest, because the claimant's right to the enjoyment of her land should not be sacrificed to the public interest except in exceptional circumstances. Following Shelfer v City of London Electric Lighting Co, damages instead of an injunction should only be awarded where the injury to the claimant is small. The court declined to follow Miller v Jackson on this point.
Related cases on nuisance and Rylands v Fletcher
- Attorney General v PYA Quarries Ltd [1957] 2 QB 169
- Cambridge Water Co Ltd v Eastern Counties Leather plc [1994] 2 AC 264
- Christie v Davey [1893] 1 Ch 316
- Coventry v Lawrence [2014] UKSC 13, [2014] AC 822
- Fearn v Board of Trustees of the Tate Gallery [2023] UKSC 4, [2024] AC 1
- Hollywood Silver Fox Farm Ltd v Emmett [1936] 2 KB 468
- Hunter v Canary Wharf Ltd [1997] AC 655
- Leakey v National Trust for Places of Historic Interest or Natural Beauty [1980] QB 485
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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
