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Kennaway v Thompson [1981] QB 88  Court of Appeal

The defendant was a member and acting on behalf of the Cotswold Motor Boat Racing Club which carried out motor boat racing. Water sports including motor boat racing had been carried out at the Club’s waters since the early 1960s. 1972 the claimant moved into a house which she had had built on land she inherited from her father. The house was situated 390 yards from the start line for the races. The frequency of the races increased over time and the club’s waters were often used as a venue for both national and international races. The claimant brought an action against the club in nuisance for the noise and disturbance experienced. She was successful in the claim and was awarded damages, however, the judge refused to grant an injunction following Miller v Jackson. The claimant appealed.

Held:

Appeal allowed and an injunction was granted. Lord Cairn’s Act allowing discretion to award damages in lieu of an injunction should only be used in exceptional circumstances Shelfer v City of London Electric Lighting approved, Miller v Jackson doubted.
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