Hunter et al. v Canary Wharf Ltd. [1997] 2 All ER 426

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Facts

  • Developers built a building near the television tower for BBC.
  • As a result, it negatively impacted the television reception of hundreds of nearby residents.
  • Excessive amounts of dust was also created during the construction of the building.

Issue

  • Does blocking a television reception constitute nuisance?

Held

  • Standing to sue on nuisance generally arises from something occurring on the defendant’s land.
  • There are 3 types of nuisance; They are:
    • (1) nuisance by encroachment on a neighbour’s land;
    • (2) nuisance by direct physical injury to a neighbour’s land; and
    • (3) nuisance by interference with a neighbour’s quiet enjoyment of his land
  • The decision of Khorasandijan v Bush was accordingly wrongly determined in terms of who has standing to sue.
  • However, the Court held that it was not actionable as a ‘right to television’ was not recognised.

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