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So if someone moves into the neighborhood and decides this thing everyone else doesn't consider a nuisance ''is'' a {{tag|nuisance}}, then saying "the nuisance was here first" is no defence. | So if someone moves into the neighborhood and decides this thing everyone else doesn't consider a nuisance ''is'' a {{tag|nuisance}}, then saying "the nuisance was here first" is no defence. | ||
There is a suggestion that either (a) this general principle doesn't apply to {{tag|cricket}} or (b) {{tag|cricket}} is, at law, not a {{tag|nuisance}} (per Lord Denning MR's | ===Can {{tag|cricket}} ever be a [[nuisance]]?=== | ||
There is a suggestion that either (a) this general principle doesn't apply to {{tag|cricket}} or (b) {{tag|cricket}} is, at law, not a {{tag|nuisance}} (per Lord Denning MR's judgment in {{Casenote|Miller|Jackson}}. Sadly Lord Denning articulated his famous view in the course of a dissenting judgment (the remainder of the court was sympathetic to Lord Denning’s excellent arguments but felt itself [[Doctrine of precedent|bound]] by the superior court judgment in {{casenote|Sturges|Bridgman}}, and for whatever reason, the Lintz {{tag|Cricket}} Club did not appeal) so sadly, in the eyes of the {{tag|common law}}, {{tag|cricket}} remains susceptible to {{tag|nuisance}} actions. | |||
{{Seealso}} | {{Seealso}} |