Farley v Skinner
From Wikipedia, the free encyclopedia
| Farley v Skinner | |
|---|---|
 An aircraft landing at Gatwick in 1997 | |
| Court | House of Lords |
| Decided | 11 October 2001 |
| Citations | [2001] UKHL 49, [2001] 4 All ER 801 |
| Transcript | Full text of judgment |
| Court membership | |
| Judges sitting | Lord Steyn, Lord Scott, Lord Browne-Wilkinson, Lord Clyde and Lord Hutton |
Farley v Skinner [2001] UKHL 49 is an English contract law case, concerning the measure and availability of damages for distress.
Mr Farley bought a large estate, Riverside House, in Blackboys, Sussex, not far from Gatwick Airport. It had a croquet lawn, a tennis court, an orchard, a paddock and a swimming pool. It cost £420,000 and after the purchase was complete on 28 February 1991, he spent £125,000 improving it. He also had a flat in London, a house in Brighton and one overseas. He hired Mr Skinner to survey the house, particularly to determine levels of aircraft noise. Skinner reported that the noise was of acceptable level, whereas in reality, at 6 am the noise was intolerable. Holding patterns formed right above the house. This distressed Mr Farley as he often spent early mornings in his garden.
The trial judge held that Mr Farley had paid no more than someone who knew of the noise, so there was no financial loss, but awarded £10,000 for distress and discomfort.
Court of Appeal
The Court of Appeal agreed with the defendant's challenge to this ruling, stating that no damages could be awarded for mere inconvenience, and physical discomfort was required to justify damages.[1]