From Injunctions to Damages: Analysis of the remedies applied by the English law of private nuisance based on the economic arguments of Ronald Coase
| Author | Mark Milne |
| Pages | 1-11 |
1
Dundee Student Law Review, Vol III, No 4
From Injunctions to Damages: Analysis of the
remedies applied by the English law of private
nuisance based on the economic arguments of
Ronald Coase
Mark Milne
INTRODUCTION TO REMEDIES FOR PRIVATE NUISANCE
Private nuisance has been described as "unlawful interference with a
person's use or enjoyment of land, or some right over, or in connection with
it".1 There are only three remedies available for private nuisance in England:
abatement, damages and injunction.2 Injunction is the most common remedy
for a continuing nuisance.3 Damages exist as a remedy in two types: damages
for the harm suffered in the past4 and damages awarded for future nuisance in
lieu of an injunction, established by the Chancery Amendment Act 1858.5
When judges make decisions on nuisance cases they need to balance wider
1Read v Lyons [1945] KB 216, 236.
2 Jenny Steele, Tort Law (3rd edn, OUP, Oxford 2014) 639.
3 ibid.
4 ibid.
5 Chancery Amendment Act 1858, s 2.
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