Goldstone Motoring Racing Ltd

Two years ago Goldstone Motoring Racing Ltd purchased a disused airfield and obtained planning permission to convert it into a motor racing circuit.  Events have been held at the circuit since last year. The new venture has caused the following problems for various neighbours.

On race days the noise of racing cars or motorbikes is very loud. Al, who works night shifts, is especially adversely affected because he cannot sleep in the day.

An actionable nuisance requires that the use of the land which is the source of the nuisance is unreasonable.

• Character of the neighbourhood- ‘ what would be a nuisance in Belgrave square would not necessarily be so in Bermondsey (Sturges v Bridgeman (1879) 11 Ch D 852 (CA))
• Sensitivity of the claimant- determined by considering its effect on a reasonable person and ordinary land use. He will not be able to rely on nuisance unless the action complained of would have disturbed a reasonable person.
• Duration of the nuisance
• Public benefit
• Malice of the defendant

defences

Betty, Al’s lodger, suffers from asthma and claims that the fumes from the circuit on race days exacerbate her condition.

Hunter v Canary Wharf [1997] AC 655 (HL)

Fuel for racing cars is stored in a special compound on the site ahead of race meetings. Recently petrol leaked from one of the containers and contaminated a hitherto undiscovered underground watercourse. The pollution caused the closure of Foxhill Mineral Water Ltd, which abstracted and bottled water from the same watercourse further downstream.

- Outline the nature of tortious liability under Rylands v Fletcher

- elements of the tort that must be satisfied in order for liability to be established

Rylands v Fletcher [1868] LR 3 HL 330 (HL)

This principle can be broken down into it composite elements:

• Collecting and keeping on land: something be brought onto the land by the defendant.
• Non-natural use of land- (explore this) Musgrove v Pandelis [1919] 2 KB 43 (CA)- it was held that storage of a car with petrol in its tank in a garage was a danger. Also read Transco plc v Stockport [2004] 2 AC 1 as the law lords explore issues. Bagshaw (2004)
• Likely to do mischief if it escapes- it need not be dangerous itself provided that it is likely to do harm if it escapes. Liability will be complete provided that harm is caused to the claimants property.
• Escapes and causes harm to property. Forseeability Cambridge Water Co v Eastern Counties Leather plc [1994] 2 AC 264 (HL)

Remedies- damages are available to compensate a claimant for physical damage to his land.

During a major race meeting last week a wheel flew off a racing car, bounced over the perimeter fence and smashed a greenhouse belonging to Del. During the same meeting helicopters were used to take overhead television shots of the course.