Hollywood Silver Fox Farm v Emmett [1936] 2 KB 468

Written By Nicolas Heyes

Court: King’s Bench Division 

Basic Facts: A fox-breeding farm suffered losses when a neighboring landowner maliciously fired guns to disturb the breeding foxes, causing them to miscarry. 

Held: Cs were entitled to an injunction and damages against D.

  • McNaughten J: Held that in cases of noise nuisance, the intention behind the noise is relevant. Noise made with malicious intent can constitute an unreasonable and excessive nuisance. 

Key Issues: 

  • Malicious Nuisance: Intentional acts meant to cause harm or nuisance can be actionable, particularly in noise-related cases. 

Nicolas Heyes
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