‘HIGHLY INTRUSIVE’ NOISE AND THE DEVELOPMENT OF THE LAW OF NUISANCE

Dennis and another v Ministry of Defence [2003] EWHC 793 (QB)

Katherine Worthington

In Dennis and another v Ministry of Defence [2003] EWHC 793 (QB), the High Court considered the status of the public interest defence in the context of cases involving the law of nuisance. Mr Justice Buckley held that where there was a public interest in an activity continuing and such activity clearly constituted a nuisance, the court could in the exercise of its discretion allow that activity to continue, whilst at the remedy stage requiring the public to compensate the claimant for any loss suffered in achieving the benefit. In so concluding, the court has shown a willingness to apply traditional nuisance principles to a relatively novel type of case so as to provide a remedy whilst accepting the significance of activities in the public benefit. Of particular significance is the importance of human rights jurisprudence in shaping this new and more flexible approach to nuisance.