2023년 6월 7일 수요일

Under Hunter v Canary Wharf [1997] 2 All ER 426 is personal injury covered by private nuisance?

No, under the case of Hunter v Canary Wharf [1997] 2 All ER 426, personal injury is not covered by private nuisance. In Hunter v Canary Wharf, the court held that the interference with a claimant's enjoyment of land, which caused only personal discomfort or annoyance, did not give rise to a claim in private nuisance. The court emphasized that private nuisance primarily concerns interferences with the use and enjoyment of land, and it does not extend to claims for personal injury or damage that occurs outside the boundaries of the claimant's land. Therefore, personal injury, as a distinct harm, is generally not covered by private nuisance. Claims for personal injury would typically fall within the domain of other areas of law, such as negligence or tortious liability for physical harm.

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