two immediate neighbours, Stevie, an elocution teacher, and Sonya, a taxi-driver.

Harvey has a contract to provide weekly riding lessons to the 400 pupils of St Michael’s, a

local girls’ school. Stevie complains that on the days when the junior girls are receiving

lessons, there is so much disturbance and disruption from their chattering, screaming and

shouting that she and her own pupils cannot hear themselves think.

uses the house as a nursery school for twenty-five children between the ages of two and

five. During lunchtime, between 12.30 and 1.30pm, the children play in the back garden. The

noise of the children playing disturbs diners on the terrace at Eli's neighbouring restaurant,

and Eli notices a reduction in the number of lunchtime customers.

The children have also invented a game which involves trying to throw sticks and stones

from the garden of the nursery over a tall hedge into Farzana's neighbouring garden. Sticks

and stones regularly fly over the hedge at lunchtime. Some of the stones have broken panes

of glass in Farzana’s greenhouse.

When Derek refuses to pay for the damage to the greenhouse, Farzana cuts down most of

the hedge and burns a pile of the clippings on a bonfire each lunchtime for a week. The

smoke is so acrid that Derek has to keep the children indoors and several of Eli's customers

complain and leave without ordering.

Derek also uses a strong chemical to clean the toilets of the nursery school and stores the

chemical in containers in his shed. Unfortunately, the chemical leaks through an invisible

crack in one of the containers onto Eli’s land and causes considerable damage to outdoor

furniture on his terrace.

Advise the parties.

on these occasions the approach roads to her house are so congested by parked cars,

horse boxes and other vehicles attracted by the gymkhana that she cannot get her taxi out.

She has lost business as a result

Intangible noise - Reasonable user -

Locality - small holding suggests its in a rural area where you wouldn't expect a lot of noise. (Struges v Bridgman)

Duration and frequency - Weekly for 400 students. What time period which days. (Kennaway; De Keysers)

Abnormally sensitive? - classes are based on sound and any outside noise will interfere with her classes (Robinson v Kilvert)

Motive - no intention or mallice

The noise comes from the land - land based nuisance - Lippuiatt -the noise emanates from the land as a launchpad.

Neighbour - assumed she owns or rents the property (Hunter v Canary Wharf)

Special damage? Yes as 'she lost business as a result' (Halsey v Esso)

Factors -

Locality - built up area where you would expect a certain degree of noise as a reasonable user

Duration - Every lunch for an hour (De Keyers) Claimant - substantial interference. Defence - only hour which a reasonable user would tolerate.

Abnormally sensitive - private dining outside at lunchtime knowing there is a nursery next door.

Emanates from the land.

Retaliated - Hollywood Silver Fox v Emmett - malice will prevent a claim.