Judges dismiss smell damages claim

12 Aug 2011

Three top judges have rejected a damages claim brought by an electrical company over the smell on a Milton Keynes business park.

Hirose Electrical UK went to the Court of Appeal to complain about a strong, spicy odour coming from Peak Ingredients on the Crownhill Industrial Estate

Hirose claimed that the smell from the adjacent premises had been wafting over intermittently since 2002, leading it to move out of the "high-class, genteel" business park in May 2008.

Lawyers for Hirose said the comfort, convenience, health and wellbeing of some staff were badly affected by the "noxious" smell. The health issues were said to include breathing difficulties, sinus problems, headaches and nausea.

The company was said to have suffered financial loss as a result, including having to rent alternative accommodation, because the smell made the business park "like an Indian curry house".

However, Lord Justice Mummery, Lord Justice Munby and Mr Justice Hedley backed the decision of a deputy judge who rejected Hirose's claim for an injunction and damages.

Copyright Press Association 2011



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