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Hirose Electrical v Peak Ingredients [2011] EWCA Civ 987  Court of Appeal

The defendant manufactured food ingredients for use in curries. It operated in an industrial estate. The claimant operated a business manufacturing parts for mobile phones with 26 employees situated two doors down from the defendant. The claimant brought an action following complaints by their employees regarding the smells emanating from the defendant’s premises. The trial judge found for the defendant and the Court of Appeal dismissed an appeal by the defendant.

Mummery LJ:

"First, the deputy judge was entitled to attach significance to the location of the premises and the character of the Crownhill Industrial Estate. The light industrial character of that Estate covered Peak's food additive manufacturing, which was permitted on both planning grounds and by the user covenant in its lease. The activities in Unit 20 were carried on without objection or intervention on environmental or health and safety grounds by the relevant statutory authorities. While those matters are obviously not conclusive against the existence of a private nuisance, they are relevant indicators of the levels of discomfort and inconvenience caused by the smell."
Back to lecture outline on nuisance in tort law