PRIVATE NUISANCE, ASSESSMENT OF DAMAGES AND HUMAN RIGHTS

Dobson v Thames Water Utilities Ltd [2009] EWCA Civ 28, [2009] All ER (D) 252 (Jan)

In Dobson v Thames Water Utilities Ltd [2009] EWCA Civ 28, [2009] All ER (D) 252 (Jan) the Court of Appeal held that the function of an award of damages in nuisance is to compensate persons with an interest in land for the injury to the property and not to protect the sensibilities of the occupiers of the property. Further, a claimant must prove that she has suffered a loss of amenity before substantial damages can be awarded. Nor does the person who recovers damages do so on behalf of other occupiers of the property. A claimant who recovers damages for private nuisance is unlikely to be able to bring a claim for additional damages under the Human Rights Act 1998 in respect of an alleged violation of Article 8 of the European Convention on Human Rights. But a claimant who does not have an interest in land, and who therefore cannot bring a claim in private nuisance, may be able to bring a claim for damages under the Human Rights Act 1998 in respect of a violation of Article 8.