Kennaway v Thompson [1980] 3 WLR 361

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IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
From: Mr Justice Mais, (Q.B.D.).

Royal Courts of Justice,
30th April 1980.

B e f o r e :

LORD JUSTICE LAWTON,
LORD JUSTICE WALLER and
SIR DAVID CAIRNS. (Not present)

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MARY ST. JOAN HOWARD KENNAWAY (Appellant)
THOMPSON and AUDREY HOLDEN (on their own behalf and on behalf of all other Members of the Cotswold Motor Boat Racing Club) Defendants (Respondents)

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(Transcript from the Shorthand Notes of The Association of Official Shorthandwriters Ltd., Room 392, Royal Courts of Justice, and 2, New Square, Lincoln’s Inn, London, WC2A 3RU)

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MR MICHAEL KEMPSTER, Q.C., and MR CHRISTOPHER MASTIN-LEE
(instructed by Messrs. Wilmot & Co., Swindon) appeared on behalf of the Plaintiff (Appellant).
MR J.P. GORMAN, Q.C., and MR R.M. WAKERLEY (instructed by
Messrs. John L. Davies, Solihull) appeared on behalf of the Defendants (Respondents). 

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LORD JUSTICE LAWTON: The judgment which I am about to read is the judgment of the court. Sir David cannot be here today but he has, of course, seen and approved the text of the judgment.

This appeal, which, is from a judgment of Mr Justice Mais, delivered at Reading on 24- May 1979, is concerned with remedies, not liability. The defendants, who are sued as representatives of the Cotswold Motor Boat Racing Club, have accepted that in this court they have no grounds for challenging the judge’s finding that some of the Club’s activities caused a nuisance to the plaintiff’s house, Mallam Waters, near Fairford in Gloucestershire. The judge awarded her £1,000 damages for the damage she had suffered up to the date of the trial and £15»000 damages under Lord Cairns’ Act 1858 for the damage which she is likely to suffer in the future. He refused an injunction. The plaintiff does not want damages. She wants to live in her house without having to put up with a great deal of noise each year from the end of March to the beginning of November, the period during which the Club carries on its racing activities on a nearby man-made lake which the judge referred to as the Club’s Water. It was a gravel pit, as was the lake alongside which stands the plaintiff’s house.

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