Halsey v Esso [1961] 1 WLR 683

Court: Queen’s Bench Division 

Basic Facts: Halsey, the claimant, lived near Esso’s oil depot, which caused noise and smell disturbances, especially after a night shift was introduced. The noise reached 64 decibels, causing significant discomfort and vibration in Halsey’s home. 

Issue for the Court: What constitutes a private nuisance, especially when the nuisance involves personal discomfort rather than physical damage? 

Held: D was liable in nuisance for : Noise from boilers and vehicles during the night shift, Smell emitting from the boilers and damage to C’s car and clothing

Veale J: Differentiated between nuisances causing material damage and those causing personal discomfort. The court should consider the context, including the locality and the extent of the nuisance. If a nuisance is beyond what could reasonably be expected in the area, it is actionable. 

Key Issues: 

• Private Nuisance: Emphasizes that personal discomfort from a nuisance, such as noise or smell, must be evaluated based on the context and severity. 

• Locality and Reasonableness: The decision hinged on whether the nuisance was reasonable in the locality where it occurred.