Kennaway v Thompson [1981] 3 All ER 329

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  • A woman bought a house near a lake
  • Over time the boating activities on the lake increased, and the woman sought an injunction on the basis it was a nuisance
  • Whether the noise amounted to a nuisance
  • Yes, it did amount to nuisiance –injunction granted
  • The woman was not seeking damages, just an injunction
  • The law provides this remedy for people subjected to such a nuisance
  • The woman had been aware at the time of commencing building, but they have escalated since then – sometimes lasting several days. This amounted to nuisance
  • Once she could prove this, she was entitled to an injunction
  • In some instances, damages are awarded, but it is not appropriate in this case because the injury was not small or capable of being estimated in terms of money
  • Concluded she was only entitled to what actually made nuisance, because she was already aware of some noise beforehand
  • People should endure a certain amount of annoyance; it must be ‘unreasonable’ – is the neighbor using the property properly?
  • Restricted the days which the boating could be used, and what kind of boats were allowed

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