Damages recovered in public nuisance

Damages for personal injury were recoverable in the tort of public nuisance. The Court of Appeal so held when dismissing the appeal of the defendant council, from a decision of a judge in the Queen’s Bench Division dismissing the defendant’s interlocutory application to strike out a claim in public nuisance brought by 18 claimants, who were persons who had been born with upper limb deformities.