Neighbour Principle in UK Law

Leading Cases
  • Sedleigh-Denfield v O'Callaghan and Others
    • House of Lords
    • 24 Jun 1940

    A balance has to be maintained between the right of the occupier to do what he likes with his own, and the right of his neighbour not to be interfered with. It is impossible to give any precise or universal formula, but it may broadly be said that a useful test is perhaps what is reasonable according to the ordinary usages of mankind living in society, or more correctly in a particular society.

  • Taylor v A Novo (UK) Ltd
    • Court of Appeal
    • 18 Mar 2013

  • Southwark London Borough Council v Mills and Others ; Baxter v Camden London Borough Council (No 2)
    • House of Lords
    • 21 Oct 1999

    The use of the word "reasonable" in this context is apt to be misunderstood. It is not enough for a landowner to act reasonably in his own interest. He must also be considerate of the interest of his neighbour. The governing principle is good neighbourliness, and this involves reciprocity. A landowner must show the same consideration for his neighbour as he would expect his neighbour to show for him.

    But he cannot have intended the defence to be confined to such cases. Trifling nuisances have never been actionable, and Bramwell B. was searching for the principle which exempts from liability activities which would otherwise be actionable. Where these two conditions are satisfied, no action will lie for that substantial interference with the use and enjoyment of his neighbour's land that would otherwise have been an actionable nuisance.

  • R (Lewis) v Redcar & Cleveland Borough Council and Another (No. 2)
    • Supreme Court
    • 03 Mar 2010

    If the use continues despite the neighbour's protests and attempts to interrupt it, it is treated as being vi and so does not give rise to any right against him. Similarly, in Dalton v Henry Angus & Co (1881) 6 App Cas 740, 786, Bowen J equated user nec vi with peaceable user and commented that a neighbour, The contrary view, that the only manner in which enjoyment of window lights could be defeated before the Prescription Act was by physical obstruction of the light,

  • McLoughlin v O'Brian
    • House of Lords
    • 06 May 1982

    Though differing in expression, in the end, in my opinion, the two presentations rest upon a common principle, namely that, at the margin, the boundaries of a man's responsibility for acts of negligence have to be fixed as a matter of policy.

  • Transco Plc v Stockport Metropolitan Borough Council
    • House of Lords
    • 19 Nov 2003

    Although the boundaries of nuisance are uncertain (and perhaps shifting) it is possible to sketch in some salient features of particular relevance to this appeal. One part of the territory overlaps with (indeed, is a sort of condominium with) that of negligence. That is particularly the case where a failure to take reasonable care may result in the owner or occupier of land "adopting" or "continuing" a nuisance for which he was not initially responsible.

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Books & Journal Articles
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Law Firm Commentaries
  • Professional Negligence In The Construction Field
    • Mondaq United Kingdom
    ......of care in accordance with the "neighbour" principle. established in Donoghue v Stevenson2. However,. many ......
  • “Proselytise” (vb): (1) to advocate, persuade, cause to adopt; (2) to take material risks with your continued employment (UK)
    • LexBlog United Kingdom
    Here is another case about how far doing your God’s bidding in the workplace protects you from disciplinary action by your employer or, put more prosaically, about the relationship between the unfa...
    ...... decision in Kokkinakis, manifestation of belief includes “in principle the right to try to convince one’s neighbour, for example through ......
  • Japanese Knotweed Claims
    • Mondaq UK
    ...... on a particular piece of land affects the amenity of the neighbourhood. Nuisance Claims. According to Clerk and Lindsell on Torts, 21st ...Accordingly, the Claimants could in principle rely on this head of private nuisance:. (3) the Claimants had in ......
  • Legal Developments In Construction Law - October 2018
    • Mondaq UK
    ...... Rail's appeal, the Court of Appeal summarised the present principles of the cause of action of nuisance. The summary included the following ... and where it was foreseeable that it would risk damaging their neighbour's land and goes on to do so. The broad unifying principle in this area ......
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