INBRIEF

Two judgements in support of the construction industry have been given by the House of Lords.

The House of Lords has supported a decision by the Court of Appeal that viewers cannot take legal action against owners of buildings which stand between their homes and a television transmitter for the purpose of obtaining compensation for interference with television reception.

It has also reversed a decision by the Court of Appeal which stated that occupation of properties as homes entitled residents to pursue proceedings in private nuisance. The House of Lords ruled that only people with a proprietary interest in land are able to sue in cases of private nuisance.

The action in the first case was brought by residents of East London against Canary Wharf Ltd, the owner of the Canary Wharf tower. Residents claimed that the 250m high tower interfered with the reception of television broadcasts to their homes.

In the second case, the action was brought by residents against the London Docklands Development Corporation (LDDC). Plaintiffs alleged that the construction of the Limehouse link road between 1989 and 1993 caused excessive dust coming into their homes. The Lords' ruling means that only those residents with a proprietary right in their property can sue.

The House of Lords judgements were hailed as good news for the construction sector by John Evans, partner at Ashurst Morris Crisp, the law firm that acted for Canary Wharf Ltd and the LDDC.

"The second ruling will have a very positive impact on the UK construction industry."