Why Heath v Mayor of Brighton is important
Heath v Mayor of Brighton is another case where the claimant’s unusual sensitivity meant the defendant’s interference was not unreasonable.
The Mayor of Bright built a generator next to a church. The noise from the generator could be heard within the church, which disrupted their services.
The claimants brought a claim in the tort of nuisance, seeking a suit for injunction to restrain noise coming from the generator.
Whether the noise produced constitutes a nuisance if it only causes a problem during a particular time. In this case, the nuisance only impacted the claimants during their services?
The defendants were not held liable, and the injunction was not ordered.
It was held that the noise would not cause a problem for any other person. The court accepted that when the church is having a quiet prayer then it will hear the noise. However, the Court concluded that the defendant’s activity was not unusual or unreasonable, but rather the church was abnormally sensitive to the noise. Therefore, the claim for an injunction was dismissed.