Miller v Jackson
E590297
Miller v Jackson is a landmark English tort law case on private nuisance and the balance between individual property rights and the public interest in recreational activities, famously discussed in Lord Denning’s judgment.
Statements (43)
| Predicate | Object |
|---|---|
| instanceOf |
Court of Appeal of England and Wales decision
ⓘ
English tort law case ⓘ |
| areaOfLaw |
private nuisance
ⓘ
tort law ⓘ |
| category |
Court of Appeal (England and Wales) cases
ⓘ
English nuisance case law ⓘ |
| citation | [1977] QB 966 ⓘ |
| country | England ⓘ |
| court | Court of Appeal of England and Wales NERFINISHED ⓘ |
| defendant | Jackson NERFINISHED ⓘ |
| factSummary | residents of a new housing estate complained of cricket balls being hit into their property ⓘ |
| famousFor |
Lord Denning’s discussion of the social value of cricket
ⓘ
analysis of when an injunction should be refused in favour of damages ⓘ |
| hasSubjectHeading | Nuisance—Cricket—Injunction—Damages in lieu of injunction ⓘ |
| holding | cricket constituted a nuisance to the plaintiffs ⓘ |
| influenced | later English nuisance jurisprudence ⓘ |
| judge |
Cormack J
NERFINISHED
ⓘ
Geoffrey Lane LJ NERFINISHED ⓘ Lord Denning MR NERFINISHED ⓘ |
| jurisdiction | England and Wales ⓘ |
| keyConcept |
equitable discretion in granting injunctions
ⓘ
private rights ⓘ public interest ⓘ |
| language | English ⓘ |
| leadingJudge | Lord Denning MR NERFINISHED ⓘ |
| legalIssue |
conflict between residential property rights and recreational use of land
ⓘ
private nuisance from cricket balls ⓘ |
| legalPrinciple |
balancing of individual property rights against public interest
ⓘ
coming to the nuisance not an absolute defence ⓘ remedies in nuisance including damages in lieu of injunction ⓘ |
| legalSystem | common law ⓘ |
| locationContext | village cricket ground in England ⓘ |
| LordDenningView | public interest in cricket outweighed the grant of an injunction ⓘ |
| parties |
Jackson
NERFINISHED
ⓘ
Miller NERFINISHED ⓘ |
| plaintiff | Miller NERFINISHED ⓘ |
| precedentFor | balancing test for injunctions in nuisance cases ⓘ |
| remedy | damages awarded instead of an injunction by the Court of Appeal majority ⓘ |
| separateOpinionBy | Lord Denning MR NERFINISHED ⓘ |
| subjectMatter | cricket ground adjacent to newly built houses ⓘ |
| topic |
recreational activities and community interests
ⓘ
use and enjoyment of land ⓘ |
| yearDecided | 1977 ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.