Private Nuisance

Question 1

Define nuisance

Answer 1

(Hunter v Canary Wharf)
“Unlawful interference with a person’s use or enjoyment of land”

Question 2

Who can claim?

Answer 2

Occupier of the land

Question 3

Objective test

Answer 3

Looking at whether a sensible sober person would consider D’s activities excessive.
(Health v Mayor of Brighton)

Question 4

(1/4) Sensitivity

Answer 4

If C is abnormally sensitive , D won’t be liable.

Question 5

(2/4) Locality

Answer 5

(Sturges v Bridgman)
The reasonableness of the use of land is assessed with regard to the nature of the locality e.g. high level of disturbance in industrial areas.

UNLESS there is physical damage.

Question 6

(3/4) One off event

Answer 6

(Crown River Cruises v Kimbolton)
Genrally infrequent events aren’t nuisance.

Question 7

(4/4) Malice

Answer 7

(Hollywood v Silver Fox)
Where D is acting out of malice, his actions are unreasonable.

Question 8

Defence (1/4) coming to the nuisance

Answer 8

(Lawrence v Fen Tigers) coming to the nuisance is no defence.

Question 9

Defence (2/4) prescriptive rights

Answer 9

(Sturges v Bridgman)
C.ontinued for 20 years without complaints - no nuisance

Question 10

Defence (3/4) social utility

Answer 10

(Dennis v MOD)
Is it benefitting society?

Question 11

Defence (4/4) ordinary use of land

Answer 11

If someone is involved in the ordinary use of their property then there can be no claim for nuisance.

Question 12

Remedy

Answer 12

Injunction - prevents the interference of D’s activities