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With [http://www.bbc.co.uk/news/uk-england-tees-41044810 news that a housing developer has taken an action in nuisance against a local cricket club] on account of the noise of leather on willow, it is worth bearing in mind that the [[common law]] principle that “[[coming to the nuisance is no defence]]” ({{casenote|Sturges|Bridgman}} (1879) LR 11 Ch D 852) arguably does not apply to [[cricket]] as it is legally incapable of being a {{tag|nuisance}}, because it is so super. (Lord Denning in {{casenote|Miller|Jackson}} [1977] QB 966. | {{cn}}With [http://www.bbc.co.uk/news/uk-england-tees-41044810 news that a housing developer has taken an action in nuisance against a local cricket club] on account of the noise of leather on willow, it is worth bearing in mind that the [[common law]] principle that “[[coming to the nuisance is no defence]]” ({{casenote|Sturges|Bridgman}} (1879) LR 11 Ch D 852) arguably does not apply to [[cricket]] as it is legally incapable of being a {{tag|nuisance}}, because it is so super. (Lord Denning in {{casenote|Miller|Jackson}} [1977] QB 966. | ||
Relevant part of Lord Denning’s (alas, dissenting) Court of Appeal judgment: | Relevant part of Lord Denning’s (alas, dissenting) Court of Appeal judgment: |