Dennis and another v Ministry of Defence (Record no. 72744)

MARC details
000 -LEADER
fixed length control field 02202cam a2200325 4500
001 - CONTROL NUMBER
control field ABS66741
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 111208n2003 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u122387
245 ## - TITLE STATEMENT
Title Dennis and another v Ministry of Defence
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2003
490 ## - SERIES STATEMENT
Series statement Estates Gazette Case Summaries
Volume/sequential designation [2003] 19 EG 118 (CS)(1)
520 ## - SUMMARY, ETC.
Summary, etc. [2003] EWHC 793 (QB), 16 April 2003. D made a claim against the defendant MoD for damages on the basis that the noise from an adjoining RAF airbase constituted a nuisance and infringed their rights under the European Convention on Human Rights Arts 1 and 8. The MoD claimed prescriptive rights to commit nuisance. It was recognised that the decibel rating of the Harriers exceeded the guidelines set out by the World Health Organisation and that the value of the land was blighted. Although the noise amounted to a nuisance, public interest demanded that the aircraft should keep flying. Military activities could not be regarded as an ordinary use of the land within the legal meaning of the phrase. The noise constituted an interference with D's human rights under Arts 1 and 8 and whilst recognising that the public interest was of greater importance than D's private interests, common fairness demanded that D was entitled to compensation. Damages were awarded on the basis of the difference in value of the property in a blighted and un-blighted state for resale purposes, for loss of amenity and for loss as a business venture.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element DENNIS AND ANOTHER V MINISTRY OF DEFENCE
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element AIRCRAFT NOISE
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element NUISANCE
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element DISTURBANCE
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 1
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BLIGHT
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HUMAN RIGHTS ACT 1998
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element COMPENSATION
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LOSS OF AMENITY
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element DAMAGES
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element NUISANCE
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MEASURE OF DAMAGES
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY AND LAND LAW-CASE LAW
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWHC/QB/2003/793.html">https://www.bailii.org/ew/cases/EWHC/QB/2003/793.html</a>
Public note View the judgment free of charge at www.bailii.org
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 23/05/2003   ABS66741 122387-1001 06/08/2019 1 06/08/2019 Law report