This rule was upheld by the House of Lords in Hunter v Canary Wharf over-ruling the Court of Appeal decision in Khorasandjian v Bush. However, the wife of a homeowner would be able to sue as she has a beneficial interest in the matrimonial home, per Lord Hoffman, Hunter v Canary Wharf.
Injunction An injunction will only be granted at the discretion of the court.
2. The English Legal System, Slapper & Kelly, 8th Edition, Routledge.Cevendish, Oxon
The claimant must usually prove damage, ie physical damage to the land itself or property; or injury to health, such as headaches caused by noise, which prevents a person enjoying the use of their land. Case examples include:
Beside the above provisions we find Article 10 of the treaty as amended by the Treaty of Rome which imposes duty on all member states to comply with community law and not to impede the application of community law. Moreover, the ECJ' s approach towards the statutory provisions of the EC law made another strong base in support of EC law:
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The court will take the following factors into account in assessing the reasonableness or otherwise of the defendant's use of land:
Defences include statutory authority and act of a stranger, but not prescription.
In Dicey's view parliamentary sovereignty entails three principal aspects:
“True it is that what the parliament doth no authority on earth can undo.”
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Parliamentary sovereignty is one of the corner stone of the UK constitution. It set for journey during the period of William and Marry who came to throne with a condition to give parliament supremacy and put the royal prerogative under parliament.
It will be unlikely for an activity to amount to a nuisance if it is useful for the community as a whole taking into account all the surrounding circumstances, such as locality and the duration of the activities. Contrast:
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In R v Jordan and Tyndall it was held that the courts had no power to question the validity of an Act of Parliament.
The standard of tolerance is that of the 'normal' neighbour. Therefore, abnormally sensitive plaintiffs are unlikely to succeed in their claims for private nuisance. Contrast:
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McKinnon Industries v Walker  3 DLR 577. Fumes from the D's factory damaged delicate orchids. As the fumes would have damaged flowers of ordinary sensitivity there was a nuisance.
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Hollywood Silver Fox Farm v Emmett  2 KB 468. The D, motivated by pure spite, deliberately fired guns near the boundary of P's land in order to scare the P's silver foxes during breeding-time. Held to be a nuisance following Christie v Davey.
3. No person or body including a court of law may question the validity of law.
Christie v Davey  1 Ch D 316. The P had been giving music lessons in his semi-detached house for several years. The D, irritated by the noise, banged on the walls, shouted, blew whistles and beat tin trays with the malicious intention of annoying his neighbour and spoiling the music lessons. An injunction was granted to restrain the D's behaviour.
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On the other hand the provisions of the Act have been understood by the judiciary to the fact that as long as the Act remains in force judges should resolve conflicts between UK law and EC law by assuming in their interpretations that the UK parliament does not wish to contradict EC law.
Private nuisance is a continuous, unlawful and indirect interference with the use or enjoyment of land, or of some right over or in connection with it.
It is not necessary to establish malicious behaviour on the part of the defendant but it may be regarded as evidence of unreasonableness. Contrast:
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“By contrast with international treaties, the EC treaties have created its own legal system which………..became an integral part of the legal system of the member states and which their courts are bound to apply.”
Bradford Corporation v Pickles  AC 587. The P deliberately diverted water flowing through his land, away from his neighbour's property. The P intended to force them to buy his land at an inflated price. It was held that he was committing no legal wrong because no-one has a right to uninterrupted supplies of water which percolates through from adjoining property.
In order to construe the national law the court may imply some appropriate words to comply with the obligations imposed on it by EC Act 1972.
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It was stated in Sturges v Bridgman (1879) 11 Ch D 852 that: "What would be a nuisance in Belgravia Square would not necessarily be so in Bermondsey."
1. Parliament is the supreme law making body and may enact any laws on any subject matter.
There must be a continuous interference over a period of time with the claimant's use or enjoyment of land.