Facts
- The defendants allowed some gypsies to reside on their land, which was adjacent to the claimant’s land
- The gypsies caused a nuisance on the claimant’s land
Issue
- Could the claimant sue following Hussain v Lancaster CC [2000]?
Decision
- Yes
Reasoning
- The council’s land was used as a base for the nuisance and there was no highway involved, direct adjacency
- Subtle distinction as Hussain likely decided wrongly