E dislikes having a commercial silver fox farm nearby. E said he would shoot a gun off during breeding season if H kept breeding foxes, to disrupt breeding.
Does this constitute nuisance?
Malice can be considered in determining whether an action constitutes nuisance.
Follows Christie v Davey (1893), to say that it is a nuisance.
E's actions were driven by malice and/or spite. E was doing so deliberately for a malicious purpose.
H awarded 250 pounds, and an injunction limited to breeding season.