Q: We have lived next to the local cricket club since 1985. During the course of a season, we get about 15 balls in our garden. This summer, one landed a foot from our granddaughter, aged three. It was a close call. Recently, a groundsman told us there is a legal requirement for the club to provide netting along the perimeter of the field. Is this the case? If so, how should we approach the club, which dismissed netting some years ago for being too expensive?
A: Over the years, the courts have decided a number of cases about how to assess whether a nuisance is caused by sporting activities. In the seminal judgement by the Court of Appeal in the 1977 case of Miller v Jackson, Lord Denning - making no secret of his love for cricket - made it clear that homeowners living near a ground were not entitled to an injunction preventing the game from being played on the land. The public benefit derived from playing and watching cricket prevailed over the hardship to homeowners...
Ed Cracknell appears in The Sunday Times Home Experts answering the problem of the week.
Ed is a senior associate in the property and housing litigation team. He specialises in all aspects of property litigation and property dispute resolution. His areas of expertise include landlord and tenant disputes, business lease renewals, rent and service charge recovery, possession proceedings, and dilapidations claims.
The Sunday Times - Home Experts November 18.pdf