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Date: Wed, 13 Oct 2004 15:31:43 +0100

From: Roderick Bagshaw

Subject: Nuisance Case

 

Dear Jason,

I do not know of any cases involving nuisance by those protesting against the defendant - but cases on nuisance by uninvited and unwanted but anticipated third parties include

R v Moore (1832) 3 B & Ad 184 (crowds gathering to shoot at stray pigeons escaping from D's shooting area)
Walker v Brewster (1867) LR 5 Eq 25 (part of nuisance caused by idle and dissolute persons excluded from D's entertainments)
Bellamy v Webb (1890) 60 LJ Ch 156 (nuisance by crowds of uninvited and unwanted hanging around outside boxing venue)

Perhaps a useful source of analogies?

 

Best wishes

Roderick

Jason Neyers wrote:

Dear Colleagues:

Has anybody ever come across a nuisance case where the alleged nuisance was not something emanating from the defendant's land but rather the noise/conduct of third parties who were protesting against the use of the defendant's land (such as animal rights activists and a testing facility)?

 

 


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