Overview

• Mohamed and Marie-Anne Bakhaty successfully sued Hampshire County Council over frequent stray footballs from a nearby school pitch entering their garden.
• The High Court ruled that the repeated intrusion of footballs constituted a common law nuisance, awarding the couple £1,000 in damages for a period of excessive interference.
• The court acknowledged the school's mitigation efforts, including installing a net and limiting pitch use to school hours, which significantly reduced the problem.
• Judge Philip Glen found that occasional stray balls since the mitigation measures were not substantial enough to warrant further legal action or an injunction.
• The ruling highlights the balance between private property rights and the community value of shared facilities, as the pitch serves both students and external groups.