IN THE COUNTY COURT SITTING AT DERBY 2024-CC-1902
BETWEEN:
MS ANNE HOBSON
Claimant/Applicant
and
MR BERNARD HALL
Defendant/Respondent
SKELETON ARGUMENT ON BEHALF OF THE CLAIMANT
Introduction
1. The Claimant (‘C’) makes an application for a prohibitory interim injunction to restrain the
Defendant (‘D’) from committing acts which amount to private nuisance against C’s land.
2. The terms of the injunction sought are set out in the draft order.
Pre-reading
3. The court is likely to require 2 hours for the pre-reading listed below:
a. Particulars of Claim (dated 1 October 2025);
b. Defence (dated 14 October 2025);
c. C’s witness statement (dated 3 November 2025 (‘WS/C) and exhibits);
d. Witness statement of Steven Conway (dated 3 November 2025) (WS/SC);
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, e. D’s witness statement (dated 5 November 2025) (WS/D);
f. American Cyanamid Co v Ethicon Ltd [1975] AC 395 (the applicable guidelines
by which a court will be directed when asked to grant a prohibitory interim
injunction) (WB 2024 5 Vol 2, para 15-7);
g. Fellowes & Son v Fisher [1976] 1 QB 122 (when approaching the second
principle in American Cyanamid, it is best to do it in two stages) (WB 2024 5
Vol 2, para 15-10);
h. Lawrence v Fen Tigers Ltd [2014] AC 882, paras [1] – [5] (principles governing
an action in private nuisance); and
i. Barr v Biffa Waste Systems Ltd [2013] QB 455 (for nuisance by smell, there is
no threshold which that smell has to pass in order to constitute nuisance; no
absolute standard can be applied; see also Clerk & Lindsell on Torts, 24th
edition, para 19-09).
Factual Background
4. C owns and occupies ‘Mill View’: 15 acres of land in Matlock, Derbyshire (‘C’s Property’).
D is the owner of adjoining Millgate Farm (‘D’s Property’), a working farm. Two of the fields
of D’s Property (‘the Fields’) adjoin C’s Property.
5. C purchased the freehold of C’s Property in March 2022 and renovated the property from
derelict. The building work was finished in early 2025.
6. In the summer of 2025, C began letting out holiday homes on her land to paying guests.
C entered into a contract with ‘The Mindfulness Retreat’ by which they were entitled to the
permanent use of 4 holiday homes for £300 per home per week: Exhibit AH/1.
7. In August 2025, D began to spread manure on the Fields. D asserts he spreads muck
because he intends to grow American corn in the Fields; C alleges that the frequency of
muck spreading causes nuisance. Specifically:
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BETWEEN:
MS ANNE HOBSON
Claimant/Applicant
and
MR BERNARD HALL
Defendant/Respondent
SKELETON ARGUMENT ON BEHALF OF THE CLAIMANT
Introduction
1. The Claimant (‘C’) makes an application for a prohibitory interim injunction to restrain the
Defendant (‘D’) from committing acts which amount to private nuisance against C’s land.
2. The terms of the injunction sought are set out in the draft order.
Pre-reading
3. The court is likely to require 2 hours for the pre-reading listed below:
a. Particulars of Claim (dated 1 October 2025);
b. Defence (dated 14 October 2025);
c. C’s witness statement (dated 3 November 2025 (‘WS/C) and exhibits);
d. Witness statement of Steven Conway (dated 3 November 2025) (WS/SC);
1
, e. D’s witness statement (dated 5 November 2025) (WS/D);
f. American Cyanamid Co v Ethicon Ltd [1975] AC 395 (the applicable guidelines
by which a court will be directed when asked to grant a prohibitory interim
injunction) (WB 2024 5 Vol 2, para 15-7);
g. Fellowes & Son v Fisher [1976] 1 QB 122 (when approaching the second
principle in American Cyanamid, it is best to do it in two stages) (WB 2024 5
Vol 2, para 15-10);
h. Lawrence v Fen Tigers Ltd [2014] AC 882, paras [1] – [5] (principles governing
an action in private nuisance); and
i. Barr v Biffa Waste Systems Ltd [2013] QB 455 (for nuisance by smell, there is
no threshold which that smell has to pass in order to constitute nuisance; no
absolute standard can be applied; see also Clerk & Lindsell on Torts, 24th
edition, para 19-09).
Factual Background
4. C owns and occupies ‘Mill View’: 15 acres of land in Matlock, Derbyshire (‘C’s Property’).
D is the owner of adjoining Millgate Farm (‘D’s Property’), a working farm. Two of the fields
of D’s Property (‘the Fields’) adjoin C’s Property.
5. C purchased the freehold of C’s Property in March 2022 and renovated the property from
derelict. The building work was finished in early 2025.
6. In the summer of 2025, C began letting out holiday homes on her land to paying guests.
C entered into a contract with ‘The Mindfulness Retreat’ by which they were entitled to the
permanent use of 4 holiday homes for £300 per home per week: Exhibit AH/1.
7. In August 2025, D began to spread manure on the Fields. D asserts he spreads muck
because he intends to grow American corn in the Fields; C alleges that the frequency of
muck spreading causes nuisance. Specifically:
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