This example particulars of claim can be used as a starting point when drafting a claim in common law private nuisance. The remedies sought are injunctive relief to restrain a continuing nuisance, and also damages. Information to assist making a claim under Rylands v Fletcher is also included.

The particulars of claim must be adapted to the specific facts and circumstances and is to be read in conjunction with its integrated drafting notes and Practice note, Common law nuisance.

Note: this resource assumes that the action is not proceeding under the shorter trials scheme (STS) which has operated in the Business and Property Courts nationwide since 1 October 2018. For information on the requirements for drafting statements of case under the STS, see Practice note, Shorter trials scheme (STS).