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Christie v Davey High Court Citations: [1892 C 3775]; [1893] 1 Ch 316. Facts The claimant lived next door to the defendant. The defendant was a music teacher. Their houses were joined by a single wall, and the claimant could sometimes hear the music lessons and the defendant practising her singing. The claimant complained that…
Christie v Davey (1893) 1 Ch 316. The claimant was a music teacher. She gave private lessons at her home and her family also enjoyed playing music. She lived in a semi-detached house which adjoined the defendant’s property. The defendant had complained of the noise on many occasions to no avail.
Private nuisance is essentially a land based tort. In order to bring a claim in private nuisance, a claimant must have an interest in the land in which he asserts his enjoyment or use has been unreasonably interfered with. Malone v Laskey [1907] 2 KB 141 Case summary.
General Overview. Everybody needs good neighbours. At what point the law can intervene when neighbours are not good is a matter of some importance; this case clarified the law in a way that has settled millions of disputes since. The case concerned a property at in Brixton.
The defendant is acting maliciously: Christie v Davey [1893] 1 Ch 316. The fact that the claimant ‘came to the nuisance’ (i.e. that they were aware of the defendant’s activities before they moved in) is not relevant: Miller v Jackson [1977] 3 WLR 20.
In the case of Christie v. Davey, (1893) 1 Ch 326 (327), plaintiff and defendant, both were neighbours. The plaintiff and their family were fond of music. They used to sing and play various instruments. It disturbed the defendant. He started hammering the wall, beating trays, shrieking and whistling.
Facts: The plaintiff (Pl) was a music teacher who gave lessons at home and occasionally held noisy parties. A neighbour, the defendant (D), was disturbed and despite him asking her to keep the noise down, she did not. In retaliation, D started banging on the door, shouting, blowing whistles, banging trays etc. Pl sued for nuisance.
