The Borough Council brought an action against the dock company in public nuisance on behalf of its residents, and the case was heard by Buckley J in the High Court of Justice.

In 1983 Gillingham Borough Council authorised the regeneration of the area as a commercial dock, granting planning permission and intending that it operate 24 hours a day.

[1] The fact that the 24-hour operating period would cause a disturbance in what was essentially a residential area was considered, but it was felt that the economic benefit the dock would produce outweighed this problem.

[4] The case came before Buckley J in the High Court of Justice, with the dock company arguing that only an illegal act could count as a public nuisance.

[12] His decision was further discussed in Wheeler v Saunders Ltd,[13] where the Court of Appeal of England and Wales confirmed that the granting of planning permission would necessarily lead to significant changes to alter the character of an area.