Wheeler v JJ Saunders Ltd

Wheeler v JJ Saunders Ltd [1994] EWCA Civ 32 is an English Court of Appeal case on nuisance which amended the precedent set by Gillingham Borough Council v Medway (Chatham) Dock Co Ltd.[1] Wheeler was a veterinary surgeon who owned Kingdown Farm House; the wider farm was owned by J.J. Saunders Ltd, who used it for raising pigs.

The two fell out by March 1988, with Wheeler dismissed from his position as managing director of Kingdown Farm Limited.

The second was a claim in nuisance, Wheeler asserting that the smell of the pigs and their excrement was interfering with his use and enjoyment of the farmhouse.

[3] The case was originally sent to the Chancery Division of the High Court of Justice, before being transferred to Bristol District Registry, where Judge Weeks gave his judgment on 24 July 1992, dismissing 6 of the 10 claims made by Wheeler but awarding £2,820 of damages and issuing 3 injunctions.

The defendants argued that the granting of planning permission for their pig houses authorised the nuisance in line with Gillingham.