This example defence can be used as a starting point when drafting a defence to a claim for damages in common law private nuisance. It also responds to a claim for an injunction sought to restrain a continuing nuisance. This defence must be adapted to the specific facts and circumstances and should 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 Rolls Building since 1 October 2015. For information on the requirements for drafting statements of case under the STS, see Practice note, Shorter trials scheme (STS) .