Hunter v Canary Wharf Ltd

Several hundred claimants alleged that Canary Wharf Ltd, in constructing One Canada Square, had caused nuisance to them by impairing their television signal.

[2] However, the tower, being situated less than 10 kilometres from the BBC's primary television transmitter, in Crystal Palace, interfered with the reception of several hundred home owners.

[1] The issue was remedied in April 1991, whereby a broadcast relay was installed in Balfron Tower, to transmit television signal into the area affected.

The Lords rejected the interim case of Khorasandjian v Bush,[3] where it had been found that no proprietary interest in a property was required to bring an action.

Lord Goff referred to several authorities[8][9][10] in support of the common law standing that merely blocking a property owner's view, airflow, or light, is not actionable.

Some writers have uncritically commended the decision of the Court of Appeal in Khorasandjian v Bush [1993] QB 727, without reference to the misunderstanding in Motherwell v Motherwell 73 DLR (3d) 62, on which the Court of Appeal relied, or consideration of the undesirability of making a fundamental change to the tort of private nuisance to provide a partial remedy in cases of individual harassment.

If an exception were to be created for large buildings which interfere with television reception, the developers would be exposed to legal action by an indeterminate number of plaintiffs, each claiming compensation in a relatively modest amount.

On the other hand, the plaintiffs will ordinarily have been able to make their complaints at the planning stage of the development and, if necessary, secure whatever conditions were necessary to provide them with an alternative source of television signals.