Her property was situated 390 yards
from the start line of the circuit. By the
time court proceedings were started in
1977 the Club's Water had become a
well-known centre for powerboat
racing at club, national and
international levels. In 1977, for
example, there were races most weekends between 3 April and 30 October.
There were national meetings on the
Club's Water on five occasions and an
international meeting on one. Mrs
Kennaway applied for damages for the
noise and inconvenience experienced
and an injunction to stop all racing on
the club’s water.
The upshot of all this was that the
Court of Appeal agreed that the club
should pay damages but would not
impose an injunction.
The Judge said, ‘As I said, the noise at
times is quite intolerable and wholly
unreasonable and I would be prepared to
grant an injunction in terms that the
defendants be restrained from using or
permitting the use of the waters in such a
way as to be a nuisance or cause a
nuisance to the plaintiff or to pursue their
activities in such a way as to interfere with
the plaintiff's reasonable enjoyment and
occupation of her premises. But as I
indicated... if I were to grant such an
injunction this would only lead to further
litigation almost certainly and it does not
appear to me to be the right approach.’
He went on to say, ‘The question
remains as to whether I should grant an
injunction. I have considered the question
most carefully and as to whether damages
in this case would meet the position - and
substantial damages. I have come to the
conclusion from what I have heard there is
considerable public interest in this club,
that the public do attend in large numbers
and that it would be oppressive in all the
circumstances to grant an injunction other
than the injunction I have indicated which
would merely cause further litigation.’
The Judge awarded damages of £1000
for nuisance caused and £15000 for
future nuisance. Unfortunately this
didn’t suit Mrs Kennaway and she
appealed.
On appeal the Judge’s view was, ‘We
consider it probable that those who are
interested in motor-boat racing are
attracted by the international and national
events, which tend to have the larger and
noisier boats. Justice will be done, we
think, if the club is allowed to have, each
racing season, one international event
extending over three days, the first day
being given over to practice and the second
and third to racing. In addition there can
be two national events, each of two days
but separated from the International event
and from each other by at least four weeks.
Finally, there can be three club events,
each of one day, separated from the
international and national events and each
other by three weeks. Any international or
national event not held can be replaced by
a club event of one day. No boats creating
a noise of more than 75 decibels are to be
used on the Club's Water at any time
other than when there are events as
specified in this judgment. If events are
held at week-ends, as they probably will be,
six week-ends, covering a total of ten days,
will be available for motor-boat racing on
the Club's Water. Water skiing, if too
many boats are used, can cause a nuisance
by noise. The club is not to allow more
than six motor-boats to be used for water
skiing at any one time. An injunction will
be granted to restrain motor-boat racing,
water skiing and the use of boats creating a
noise of more than 75 decibels on the
Club's Water save to the extent and in the
circumstances indicated.
So one person, who built her house
knowing she was opposite a
powerboat race circuit, did serious