Foster v Warblington Urban Council
Jurisdiction | England & Wales |
Year | 1906 |
Date | 1906 |
Court | Court of Appeal |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
36 cases
-
Hunter et al. v. Canary Wharf Ltd.; Hunter et al. v. London Docklands Development Corp., (1997) 215 N.R. 1 (HL)
...(1976), 1 A.R. 47; 73 D.L.R.(3d) 62 (C.A.), not folld. [paras. 19, 41, 70, 98, 134]. Foster v. Warblington Urban District Council, [1906] 1 K.B. 648 (C.A.), refd to. [paras. 20, 41, 64, 98, MacNeill et al. v. Devon Lumber Co. (1987), 82 N.B.R.(2d) 319; 208 A.P.R. 319; 45 D.L.R.(4th) 300 (C.......
-
Sullivan v Boylan and Others (No 2)
...Teachers Organisation [1991] 2 IR 305 applied - Khorasandjian v Bush [1993] QB 727 distinguished - Foster v Warblington Urban Council [1906] 1 KB 648; Herrity v Associated Newspapers (Ireland) Ltd [2008] IEHC 249, [2009] 1 IR 316; Hicks v Chief Constable of South Yorkshire [1992] 2 All ER......
-
Pemberton v Southwark London Borough Council
...trespasser is very different from that of a trespasser. In any event a trespasser may be able to sue in nuisance, see Foster -v—Warblington Urban District Council [1906] 1 KB 648 CA, that decision being approved by the House of Lords in Hunter -v—Canary Wharf Ltd [1997] AC 655. Mr Morgan ar......
-
The Bodo Community and Others v The Shell Petroleum Development Company of Nigeria Ltd
...a sufficiently permanent character to damage his reversion. It was however established, in Foster v. Warblington Urban District Council [1906] 1 K.B. 648, that, since jus tertii is not a defence to an action of nuisance, a person who is in exclusive possession of land may sue even though he......
Request a trial to view additional results
3 books & journal articles
-
Table of Cases
...Surveying Ltd v Bryant [2007] EWCA Civ 200, [2007] IRLR 425, [2007] Bus LR 1565 171, 178 Foster v Warblington Urban District Council [1906] 1 KB 648, 75 LJKB 514, 94 LT 876, 70 JP 233, 54 WR 575, 22 TLR 421, 4 LGR 735, CA 7 Fowler v Barron [2008] EWCA Civ 377, [2008] 2 FCR 1, [2008] 2 FLR 8......
-
The Nuisance of the Proprietary Interest Lord Cooke's Dissent in Hunter v Canary Wharf Ltd [1997] AC 655
...itself was questioned by the majority on the same basis, as well as being said to have misunderstood Foster v Warblington Urban Council [1906] 1 KB 648, which held that exclusive possession even without the legal title would give rise to an action in nuisance. Although Lord Cooke questioned......
-
Locus Standi in Environmental Torts and the Potential Influence of Human Rights Jurisprudence
...proven legal titleto the realty as jus terti is no defence to an action in nuisance. See Foster v. Warblington Urban District Council , [1906] 1 KB 648 andLord Goff of Chieveley in Hunter , n. 11 above, at 688–689. AsO’Sullivan points out, people may be disconcerted to discover thatnuisance......