This one is for all the law nerds.
Sometimes I find myself thinking about my first introduction to torts case law and the notorious Lord Denning. Which is to say never, except when I have randon shower thoughts.
The Guardian, in a 1999 article, described Lord Denning as one of the most celebrated judges of the 20th century. From that article, I learned that he served as a judge for over 38 years and was known as “the people’s judge”. Celebrated he may have been, but what I recall of him from reading my Torts case law book was some of the most outlandish judicial opinions - mired, in my opinion, in nostalgia and white privilege.
Case in point: The Millers versus the National Coal Board, lessor of a small cricket ground in Lintz, near Burnopfield, County Durham.
The Set-up: Cricket had been played on the cricket grounds since 1905. The National Coal Board also owned the land adjacent to the cricket ground, and through a series of land transfers, that adjacent land was ultimately acquired by a development company. In 1972, the developer built a line of new semi-detached houses next to the ground, one of which, 20, Brackenridge, was bought by the Millers. Mayhem ensues, claims are made, the cricket club is sued, and off everyone goes to court.
The Millers: We bought this house. So lovely. BUT. Freaking cricket balls are flying everywhere all the time from the adjacent cricket club. We might get killed *bodice clutching*. The cricket must stop!
Lord Denning: In summertime village cricket is the delight of everyone. Nearly every village has its own cricket field where the young men play and the old men watch. [his actual words.]
Millers: Uh…what? I’m telling you our lives are being endangered by cricket balls that fall like thunderbolts from the heavens!
Lord Denning: *sigh* Sad. The cricket ground will be turned to some other use. I expect for more houses or a factory. *sigh sigh* The young men will turn to other things instead of cricket. The whole village will be much the poorer. And all this because of a newcomer who has just bought a house there next to the cricket ground. *sigh sigh sighhh*. [words are his, sighs are mine.]
The Millers: IDGAF. Let the young smoke recreational weed instead.
Needless to say, though the Millers were ultimately awarded monetary damages, they failed to win an injunction against the cricket club. In other words, the court's decision ultimately allowed balls to keep falling from the heavens.
You will be unsurprised to hear that not long after the case, the Millers moved house.
