Case Law >> Residents "win" nuisance case

14th January 2013

Related Topics

Related tags

  • Engineering and metals ,
  • Corporate governance ,
  • Stakeholder engagement ,
  • EMS ,
  • Management



Hayley Tam and George Hobson from LexisPSL on a successful private nuisance claim against a foundry for odours

Local residents have succeeded in a private nuisance claim against an aluminium foundry near Birmingham for odour emissions.

Although successful, the level of compensation settled in Anslow v Norton Aluminium [2013] All ER (D) 03 was relatively low, with claimants awarded a maximum of £14,000 each.

Overall, damages and legal costs were significant, totalling around £1.4 million. However, as the foundry entered administration 10 days before the judgment, it is unclear whether the compensation will be paid.

The evidence suggested that Norton Aluminium operated its secondary foundry in contravention of regulatory environmental standards over seven years.

Applying the principles in Barr v Biffa Waste Services [2012] All ER (D) 141, the judge determined that, although the claimants had failed to establish a legal nuisance by way of noise, smoke, fumes and dust, they had established an unreasonable interference with the use and enjoyment of their properties by reason of odour.

The issue then became the correct method for determining compensation for loss of amenity. The judge calculated damages on the basis of the degree of odour (using isopleths) affecting each claimant’s property rather than on diminution in value (market rental figures).

According to Gordon Wignall, a barrister at No5 Chambers who acted for the claimants, the case shows that the threshold standard for proving common law nuisance is not particularly high, and that businesses are potentially more at risk from householders’ claims in common law nuisance than from regulators with statutory powers.


Subscribe to IEMA's newsletters to receive timely articles, expert opinions, event announcements, and much more, directly in your inbox.

Transform articles

Four in five shoppers willing to pay ‘sustainability premium’

Despite cost-of-living concerns, four-fifths of shoppers are willing to pay more for sustainably produced or sourced goods, a global survey has found.

16th May 2024

Read more

One in five UK food businesses are not prepared for EU Deforestation Regulation (EUDR) coming into force in December, a new survey has uncovered.

16th May 2024

Read more

Each person in the UK throws a shocking 35 items of unwanted clothes and textiles into general waste every year on average, according to a new report from WRAP.

2nd May 2024

Read more

The largest-ever research initiative of its kind has been launched this week to establish a benchmark for the private sector’s contribution to the UK’s 2050 net-zero target.

2nd May 2024

Read more

Weather-related damage to homes and businesses saw insurance claims hit a record high in the UK last year following a succession of storms.

18th April 2024

Read more

The Science Based Targets initiative (SBTi) has issued a statement clarifying that no changes have been made to its stance on offsetting scope 3 emissions following a backlash.

16th April 2024

Read more

One of the world’s most influential management thinkers, Andrew Winston sees many reasons for hope as pessimism looms large in sustainability. Huw Morris reports

4th April 2024

Read more

Vanessa Champion reveals how biophilic design can help you meet your environmental, social and governance goals

4th April 2024

Read more

Media enquires

Looking for an expert to speak at an event or comment on an item in the news?

Find an expert

IEMA Cookie Notice

Clicking the ‘Accept all’ button means you are accepting analytics and third-party cookies. Our website uses necessary cookies which are required in order to make our website work. In addition to these, we use analytics and third-party cookies to optimise site functionality and give you the best possible experience. To control which cookies are set, click ‘Settings’. To learn more about cookies, how we use them on our website and how to change your cookie settings please view our cookie policy.

Manage cookie settings

Our use of cookies

You can learn more detailed information in our cookie policy.

Some cookies are essential, but non-essential cookies help us to improve the experience on our site by providing insights into how the site is being used. To maintain privacy management, this relies on cookie identifiers. Resetting or deleting your browser cookies will reset these preferences.

Essential cookies

These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website.

Analytics cookies

These cookies allow us to recognise and count the number of visitors to our website and to see how visitors move around our website when they are using it. This helps us to improve the way our website works.

Advertising cookies

These cookies allow us to tailor advertising to you based on your interests. If you do not accept these cookies, you will still see adverts, but these will be more generic.

Save and close