This is a case where the Claimant was initially refused an injunction but granted damages for noise nuisance caused by the activities of a boat racing club. The owner of the property appealed seeking an injunction restraining the club from activities which caused a noise nuisance. The Court of Appeal granted the owner of the property not only damages but also an injunction restraining the club from those activities which caused a nuisance to the owner of the house.
Points of significance:-
1. Someone creating a nuisance cannot buy this right to continue creating it by paying damages.
2. On the other hand a complete injunction may not always be appropriate. In this case the owner was allowed to continue in a very limited way subject to conditions.
Wilmots Litigation: Solicitors for the Appellant