Chancery Division
Published February 6, 2008
Hiscox Syndicates Ltd and Another v The Pinnacle Ltd
An obligation to use all reasonable endeavours was equated with an obligation to use best endeavours which was more onerous than an obligation to use reasonable endeavours.
Judge Hodge, QC, sitting as a Chancery Division judge, so held on January 25, 2008, when granting an application for interim injunctive relief against nuisance by way of, inter alia, excessive noise and vibration in favour of the applicants, Hiscox Syndicates and Hiscox plc, against the defendant, The Pinnacle Ltd.
HIS LORDSHIP said that the approach of Sir Wilfred Greene, Master of the Rolls, in Andreae v Selfridge and Co Ltd ([1938] 1 Ch 1) was correct in that it was a question of fact and degree as to whether all proper and reasonable steps had been taken to ensure that no inconvenience was suffered.
Consequently, “all proper and reasonable steps” were less onerous than best endeavours: see Rhodia International Holdings Ltd v Huntsman International LLC (The Times April 6, 2007).
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An excess of applicable noise levels, including vibration, which was referred to in section 73(1) of the Control of Pollution Act 1974, was to be determined to the criminal standard.