Why Campbell v Paddington Corporation is important
In Campbell v Paddington Corporation, the plaintiff was awarded damages for a public nuisance because her loss went ‘over and above the general public inconvenience’.
The plaintiff owned a house in London which had a good view of the procession of King Edward. The plaintiff rented out certain seats on the first and second floors of the house to see the procession. The defendants, a Metropolitan Borough made a stand that obstructed the claimant’s view of the procession. On account of this obstruction, people didn’t come to observe the procession from the plaintiff’s house.
Cambell brought a claim in the tort of nuisance against Paddington Corporation for her lost profits. The corporation argued that they had built the stand for the members of the corporation and their friends to see.
Whether the structure built by the corporation constituted an act of public nuisance which gave the claimant a private course of action.
It was held that the company was liable in the tort of nuisance for constructing a structure in front of the plaintiff’s building.
The court said that she had a right of action against the defendants since she suffered injury ‘over and above the general public inconvenience’ as a result of the defendant’s public nuisance.