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the answer is to be found in common sense, an educated reflex or by Instinct (see p 201), does this mean that the case is not a ‘hard case?
Pages 5

This was an action for damages and injunctions in nuisance and negligence by the resident owner of a shop on a housing estate against a local authority. The owner claimed that the authority had failed to prevent him from being seriously harassed by other tenants on the estate. The Court of Appeal held that the master was right to strike out the action and a petition to appeal to the House of Lords has been refused ([1999] 1 WLR 1359).