Over the summer months, whilst local solicitors are focused on conveyancing and other important aspects of property law, other people are out enjoying the beautiful weather and engaging in classic summer pastimes such as cricket.

However, there has been at least one unique occasion where cricket and property law intersected, and the result is one of the most famous property law cases in English legal history, often discussed for a variety of different reasons.

The Animals Did Not Mind The Cricket

The case of Miller v Jackson focuses on negligence, nuisance and the complexities that emerge when the rights of individual homeowners and the wider local community clash. The judgement has divided opinion ever since.

Mr and Mrs Miller moved to the village of Lintz in County Durham, close to the slightly larger village of Burnopfield, which is home to a restored mill, a Green Nature Reserve and a local cricket club.

Cricket had been played at a small cricket ground on land leased by the National Coal Board since 1905, and was one of the main constants in a century where so much changed in England.

The NCB sold another field they owned next to the ground to Stanley Urban District Council, who themselves sold the land to George Wimpey, at the time the largest homebuilder in the UK and now part of the Taylor Wimpey conglomerate.

They constructed a line of semi-detached houses, one of which was purchased by Mr and Mrs Miller. Unfortunately, the one they bought was close to one of the batting creases, and a total of six balls were hit hard enough to reach the housing estate out of over 13,000 legitimate deliveries.

The cricket club tried to reduce the number of balls being hit over the fence, including an eight-foot fence on top of a six-foot wall, as well as a request for batsmen to hit fours instead, there were still a few balls that reached the estate, causing minor damage to roof tiles and chipping paintwork.

The club offered more changes and to pay the cost for any property damage or upgrades to protect the garden further such as nets or louvred shutters, but the Millers sued not only for damages but also to force an injunction to stop cricket being played.

The initial case in Nottingham High Court delivered a verdict that granted the injunction as well as £150 in damages for negligence and nuisance, which led to appeals from both parties to increase the damages or remove the injunction. Both would get what they wished for.

The Court of Appeal is where the famous opening by Lord Denning was spoken, painting a truly pastoral scene of a cricket club forced to stop playing by a newcomer with no understanding of the game.

Ultimately, the damages were increased to £400, noting that every time the ball leaves the ground it is a negligent act that if it causes damage could become actionable, but ultimately removed the injunction.

Whilst the Millers had a right to enjoy their house and garden, the inhabitants of the village also had a right to continue to play cricket, as they had done long before the Millers moved in and indeed long after they moved out.