000			02202cam a2200325 4500
001			ABS66741
008			111208n2003 000 0 eng u
035			_a(Sirsi) u122387
245			_aDennis and another v Ministry of Defence
260			_c2003
490			_aEstates Gazette Case Summaries _v[2003] 19 EG 118 (CS)(1)
520			_a[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			_aABS
650			_aDENNIS AND ANOTHER V MINISTRY OF DEFENCE
650			_aAIRCRAFT NOISE
650			_aNUISANCE
650			_aDISTURBANCE
650			_aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 1
650			_aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8
650			_aBLIGHT
650			_aHUMAN RIGHTS ACT 1998
650			_aCOMPENSATION
650			_aLOSS OF AMENITY
650			_aDAMAGES
650			_aNUISANCE
650			_aMEASURE OF DAMAGES
690			_aPROPERTY AND LAND LAW-CASE LAW
856	4	0	_uhttps://www.bailii.org/ew/cases/EWHC/QB/2003/793.html _zView the judgment free of charge at www.bailii.org
942			_n0
999			_c72744 _d72744