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Mooting, help! I'm the senior appellant!

Nearby v Bradford College. In the Court of Appeal, Civil Division.
Bradford College is in the process of building, at a cost in excess of £50m, a substantial replacement for the Westbrook Building. This new teaching facility will be state-of-the-art.

Construction has been in full progress for six months and is scheduled for completion by June 2014. Two large cranes have been erected and regularly lift materials across the site. Lorries carrying significant quantities of building materials make deliveries to the site daily. Only a small amount of demolition work has been undertaken by the construction company, Considerate Construction Ltd, (completed in a four week period) and they have limited their daily work schedule to between 8am and 6pm. The construction company have restricted work which creates high levels of noise to periods when College students are not in attendance (Monday and Friday evenings and weekends ). The immediate surrounding area is predominantly commercial/educational with other College buildings, a nearby University, a number of Halls of Residence, and a significant number of retail food outlets. Beyond this there are residential areas.

Dawn Nearby lives in a house a quarter of a mile from the College. She says that she cannot relax due to the noise of the building; that the dust is preventing her from sitting in her yard; and that the noise of the lorries prevent her from listening to her television.

Dawn Nearby issued legal proceedings for the Tort of Private Nuisance.

Silly J, at first instance, reached the following conclusions;
1 That the interference was not unreasonable.
2 That the interference was not reasonably foreseeable.

Dawn Nearby appeals to the Court of Appeal.

I'm arguing point 1 on the side of the appellant (Dawn)
I'm the senior appellant, any help to get me started is appreciated.

(edited 10 years ago)

Reply 1

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