Halsey v Esso Petroleum, [1961] 1 WLR 683, EWHC
Citation:Halsey v Esso Petroleum, [1961] 1 WLR 683, EWHC
Link to case on WorldLII (reference).
Rule of thumb:What happens if a person is regularly making noise between 10pm at night & 6am in the morning? A nuisance action can be obtained from the Court to stop them from doing so.
Judgment:
In this case, noise and fumes were coming from a nearby factory. This caused loud noises at night and the acidic residue caused damage to his car paint. The defence argued that as this was a mixed neighbourhood then this was within the realms of acceptability. The Court held that measures could easily be taken to prevent this, and that this constituted a nuisance– ‘It is important that the nature of the district should be borne in mind... Nuisance by smell or noise is something to which no absolute standard can be applied. It is always a question of degree whether the interference with comfort or convenience is sufficiently serious to constitute a nuisance. The character of the neighbourhood is very relevant and all the relevant circumstances have to be taken into account. What might be a nuisance in one area is by no means necessarily so in another... Nevertheless, the plaintiff is entitled, in my judgment, to an injunction, but I limit it to the hours of the present night shift, namely, 10 o’clock at night to 6 o’clock in the morning’
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.