[ 2004] EWCA Civ 970, 21 July 2004. Appeal by W against LT decision (LCA/30/2003, [2004] RVR 145) allowing a claim for compensation brought by claimant O under the Compulsory Purchase Act 1965 s10 based on diminution in rental value. W appealed asking whether a compensating authority is liable to pay compensation under s10 of the Act in respect of damage caused to a business through the partial obstruction of a nearby highway by erection of hoardings around authorised construction work when those hoardings are in-situ for no longer than nor in greater extent than necessary for those works safely to be undertaken. "Clift and another v Welsh Office" (CA, Abs59941), "Herring v Metropolitan Board of Works" ([1865] 19 CB (NS) 509), " Lingke v Christchurch Corp" (CA [1912] 3 KB 595) considered. Principles of "Wildtree Hotels Ltd and others v Harrow LBC" (HL, Abs62597) were applied. CA recognised the right of an occupier of premises adjoining the highway to erect hoardings to a reasonable extent and for a reasonable time in connection with building works being carried out lawfully. However, it also acknowledged that substantial interference with the public's right to use the highway constituted a public nuisance. A member of the public including an adjoining owner who suffered special damage was entitled to sue the creator of the public nuisance. CA upheld LT decision. Appeal dismissed. View judgment at www.bailii.org.