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Robinson v Kilvert (1889)

Last modified: Thu Feb 23 16:37:37 2006

(1889) LR 41 ChD 88 (CA). The claimant paper manufacturer sought an injunction to prevent his landlord (who had retained part of the property) heating the property to levels that interfered with his business. The claimant manufactured paper, using a process which was significantly disturbed by high temperatures; he therefore based his claim on PrivateNuisance. However, paper manufacture in general would not have been affected; this particular process was unnaturally sensitive to temperature. Consequently the injunction was refused -- it was held not to be an unreasonable use of land, to do something that did not inconvenience people, and would not have interfered with most paper mnufacturing processes.

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