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Nuisance

Hogmeister B · 2007-04-01 22:46:07

Hey Just wondering if you could advise me whether businesses could sue for compensation from local council/developers due to massive loss of business arising from the digging up of the street on which they're located. I was thinking maybe an action in nuisance.

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01-04-2007 11:46pm

#1

Hogmeister B

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Join Date: February 2006

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Hey

Just wondering if you could advise me whether businesses could sue for compensation from local council/developers due to massive loss of business arising from the digging up of the street on which they're located. I was thinking maybe an action in nuisance.

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#2 02-04-2007 12:24am
Stirling

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Would imagine that they would find it difficult to establish a claim in Nuisance because while it might be relatively easy for such persons to establish a nuisance the public authority would tend to rely on the public utility of the activity.

In addition the focus of such a claim on the part of the private individuals would centre on a claim for Pure Economic Loss which opens up an entire Pandoras Box of legal issues all by itself as it is notoriously difficult to succeed on PEL claims.

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