Watson - Croft Circuit

Derek Watson (1) Julia Watson (2) Jill Wilson (3) v. Croft Promo-Sport Ltd

Neutral Citation Number: [2008] EWHC 759 (QB)
Case No: 7NE90066
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
Newcastle-upon-Tyne District Registry
Leeds Combined Court Centre
Oxford Row, Leeds

Date: 16 April 2008

Before:

MR JUSTICE SIMON

Between:

(1) Derek Watson
(2) Julia Watson
(3) Jill Wilson Claimants
and

Croft Promo-Sport Ltd
Defendant

____________________

Watson v Croft Promo-Sport Ltd

Neutral Citation Number: [2009] EWCA Civ 15
Case No: A2/2008/1108 & 1089

IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT, QUEEN'S BENCH DIVISION
MR JUSTICE SIMON

7NE90066
Royal Courts of Justice
Strand, London, WC2A 2LL

Date: 26 January 2009

Before :

THE CHANCELLOR OF THE HIGH COURT
LORD JUSTICE RICHARDS
and
LADY JUSTICE HALLETT

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Between :

Consent ruled no defence against nuisance claims

Douglas Wass, Planning, 13 February 2009

A planning permission is not a defence against a private cla​im for nuisance.

However, development may alter an area's nature and character for the purposes of assessing whether a defendant is making reasonable use of a property. If a nuisance is being committed, an injunction should be granted unless it would be oppressive to do so or there are exceptional circumstances.

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