... in tort some claimants are compensated and some are not, even where the harm is similar. This statement is strengthened by a large caseload in every area of tort law where this discrimination has happened. From examination and study of tort law, I agree with the statement in the question and find it difficult to justify these discriminations but I shall try. Examples An example of this problem in the tort of nuisance is highlighted by the cases of Hussain v Lancaster County Council (1999) and Lippiate v South Worcestershire County Council (1999). The Hussain case was one of racial abuse being shouted at the claimant from tenants of a neighbouring council owned property. Hussain brought to court a case of negligence and nuisance. Hussain failed. This is in comparison with the case of Lippiate where the local authority was held liable for allowing a group of travellers to meet on council ...

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