Hunter v Canary Wharf 
- The Canary Wharf tower interfered with the TV reception of surrounding residents, courtesy if its steel cladding.
- Could there be liability?
- There is no liability in blocking light in the tort of nuisance, and television providing radio waves are analogous to light
- To sue, one must have a legal interest in land: with possession, as a tenant or as a licensee with full control over the property; children may not sue
- Potential claimants may be ‘bought off’
- Damages in nuisance are calculated with a ‘loss of rent’ calculation: of the property were rented, how much less would a tenant be able to pay the claimant to rent it in its ‘damaged’ state
- Dust may constitute a nuisance if it reduces the value of the claimant’s land
- Damage due to personal injury may not be compensated under Rylands v Fletcher
- A right to TV reception was not in the general nature of rights capable of being recognised as an easement in land law – it is too uncertain
Posted in Tort Law Revision Notes.
This page was last updated on 26th April 2015