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This decision need to be put into context and needs to be considered alongside Austin v Miller Argent (South Wales) Ltd [2014] EWCA Civ 1012. Both cases are concerned with the difficulties of (i) funding private nuisance cases and (ii) litigating such cases without the costs being out of all proportion to the damages.

Jackson LJ addressed the problem of funding private nuisance cases in his Preliminary and Final Reports (pages 333-334 and 317 respectively). His suggested solution was, to put it mildly, naive: he thinks private nuisance claims should be funded by BTE insurance.