Wandsworth LBC v Railtrack plc
Wandsworth LBC v Railtrack plc
- 2001
- Weekly Law Reports [2001] 1 WLR, 23 February 2001, 368-386(19) .
QBD 31 July 2000. Inconvenience was caused to pedestrians by pigeons, roosting under a railway bridge, who fouled the pavement below. The highway authority (B) incurred escalating costs through cleaning the pavement. B had permission to pigeon-proof the bridge but claimed the responsibility lay with A. In court proposed B was liable to them in public and/or private nuisance, and claimed reimbursement for cleaning costs. "Held", allowing the claim, that the pigeon infestation represented a public nuisance. Ruled there was no difference between nuisances involving physical damage and those interfering with comfort and inconvenience.
WANDSWORTH LBC V RAILTRACK PLC
NUISANCE
PUBLIC NUISANCE
PRIVATE NUISANCE
PIGEONS
BRIDGES
ABATEMENT
QBD 31 July 2000. Inconvenience was caused to pedestrians by pigeons, roosting under a railway bridge, who fouled the pavement below. The highway authority (B) incurred escalating costs through cleaning the pavement. B had permission to pigeon-proof the bridge but claimed the responsibility lay with A. In court proposed B was liable to them in public and/or private nuisance, and claimed reimbursement for cleaning costs. "Held", allowing the claim, that the pigeon infestation represented a public nuisance. Ruled there was no difference between nuisances involving physical damage and those interfering with comfort and inconvenience.
WANDSWORTH LBC V RAILTRACK PLC
NUISANCE
PUBLIC NUISANCE
PRIVATE NUISANCE
PIGEONS
BRIDGES
ABATEMENT