Nuisance

June 6, 2013

General Litigation

In the case of Willis and Another v Derwentside District Council [2013] it was held that the defendants were liable for nuisance even though they were not the person causing the nuisance.

A gas pipe ran underneath the Defendant’s land and into the Claimant’s land.  CO₂ leaked from the part of the pipe which ran underneath the Claimant’s land. The Judge held that the Defendant was liable in nuisance in respect of the CO₂ which ran through the defendant’s pipe even though there was no escape of CO₂ from the Defendant’s land.  A person may therefore be liable to remedy a nuisance caused by a leaking pipe which passes through his land, even though the leak occurs only on that part of a pipe which is outside his boundary.  This is provided the substance (e.g. water) which leaks has passed through that part of the pipe which is on his land. 

If you would like advice regarding nuisance and disputes please contact us.