𝔖 Bobbio Scriptorium
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The role of injunctions in noise nuisance

✍ Scribed by B. Hay

Publisher
Elsevier Science
Year
1981
Tongue
English
Weight
264 KB
Volume
14
Category
Article
ISSN
0003-682X

No coin nor oath required. For personal study only.

✦ Synopsis

The circumstances in which a person with a legal interest in land may be granted a perpetual injunction to restrain a noise nuisance are critically examined. A householder's legal rights should not be overridden by the interests of club members or of the public in attending motor boat racing events organised by such a club, so as to deprive him of the remedy of in~unction. The Court of Appeal so hem in the recent decision of Kennaway v. Thompson 30 April, 1980. The principles which the court applies in considering the granting of an interlocutory injunction to a local authority to restrain a noise which is a nuisance under the Control of Pollution Act, Section 58 (8), are also considered.

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