ACTUAL DANGER REQUIRED IN NUISANCE CLAIM

Birmingham Development Co Ltd v Tyler [2008] EWCA Civ 859, [2008] BLR 445

In Birmingham Development Co Ltd v Tyler [2008] EWCA Civ 859, [2008] BLR 445 the Court of Appeal held that it was not enough for a claimant who asserts that his neighbour’s property or activities are dangerous merely to prove that he is frightened by them. To succeed in a nuisance claim, the claimant must prove that the fear is well-founded; that is to say, he must prove that the property or activity are actually dangerous, although it is not necessary for him to do more than prove this on the balance of probabilities.