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Nuisance - elawresources. Public nuisance is a crime but becomes actionable in tort law if the claimant, Holbeck Hall Hotel Limited v Scarborough, Attorney General v PYA Quarries .

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AG v PYA Quarries Ltd [1957] 2 QB 169 Court of Appeal Basic Facts Injunction granted against D for quarrying operations. It made improvements to system of blasting and then requested appeal against injunction on basis that dust and vibrations no longer warranted injunction.

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In a relator action, an injunction was sought to prevent the respondent from emitting quantities of dust from their quarry. The court had to decide what were the constituents of the offence of a public nuisance, and how this differed from a private . .

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Romer LJ made this point in Attorney General v PYA Quarries Ltd [1957] 2 QB 169, where the court granted an injunction against the defendants carrying on their business in such a manner as to cause splinters to be projected from the confines of their quarry or to occasion a nuisance to Her Majesty's subjects by dust or vibration. In the pleadings as originally framed the Attorney General had ...

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35 per Denning U in Attorney-General v PYA Quarries Ltd .. 36 Lord Bingham, R v Rimmington and Goldstein [2006] I AC 459.. 37 see, for example, s 165 Criminal Code of Canada. 38 (1971)21 DLR (3d) 368. 39 See the decision of the British Court of Appeal in group litigation concerning alleged personal injuries from contaminated land: In re …

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In AG v PYA Quarries Ltd., Lord Denning wrestled with the threshold and offered this test; that the nuisance is a public nuisance where it is: " ... so widespread in its range or indiscriminate in its effects that it is not reasonable to expect one person to take proceeding on his own responsibility to put a stop to it, but that it should be taken the responsibility to the community at large."

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Attorney General v PYA Quarries - Law Teacher

Published: Wed, 07 Mar 2018. Attorney General v PYA Quarries [1957] 2 QB 169. Nuisance – Public Nuisance – Indiscriminate Effect. Facts. The defendants operated a quarry and used a blasting technique which emitted large quantities of dust and noise, as well as causing vibrations which interfered with the enjoyment of land for many ...

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AG v PYA Quarries Ltd. (1957) All ER 894 at page 908 BC v Couillard 31 CCLT 26 (1984, BCSC ); also published on Quicklaw at 1984 BCJ 3001 British Columbia v Haney Speedways Ltd…

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There are two types of nuisance in English law: Public nuisance and Private nuisance. In some instances, the same set of facts can produce liability in both kinds of nuisance, although the two types of nuisance are very much distinct.

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