Private Nuisance

Question 1

Definition of private nuisance

Answer 1

“An unlawful direct interference with a persons use or enjoyment of land coming from neighbouring land”

Question 2

Two types of private nuisance

Answer 2

Loss of amenity - noise / smell / smoke
Material damage nuisance - when a dangerous state of afraid on D’s land caused significant physical damage to claimants land, such as tree roots causing subsidence

Question 3

Parties in private nuisance

Answer 3

Claimant - must have a legal interest, owner or tenant
Defendant - person who is causing or allowing the nuisance

Question 4

Cases for causing or allowing nuisance

Answer 4

Sedleigh Denfield v O’Callaghan - D who knows of a nuisance and allows it to continue is liable even if they haven’t created it
Leakey v National Trust - D was liable as they knew a slippage might happen and failed to prevent it
Anthony v Coal Authority - D liable for problem caused by prior owner as they were aware of it

Question 5

Can a occupier with no legal interest claim?

Answer 5

No - Hunter v Canary Wharf

Question 6

“Unlawful” meaning

Answer 6

Not illegal, but unreasonable in the way it affects the claimant

Question 7

“Indirect interference” meaning

Answer 7

Loss of amenity - fumes / smell / noise
Material damage - vibrations / hot air / oil / fire / balls in garden
Emotional distress - Thomas Schwab v Costaki (brothel), Laws v Florinplace Ltd (sex shop)

Does not include - view, blocking light, television reception (Hunter v Canary Wharf)

Question 8

Factors of reasonableness taken into account when judging “unreasonable”

Answer 8

Locality - character if neighbourhood. Sturges v Bridgman “what would be a nuisance in Belgrave Sqaure would not necessarily be so in Bermondsey”
Duration and hour of day - 20 minutes amounted to an actionable nuisance
(Crown River Cruises Ltd v Kimbolton Fireworks Ltd)
At night (De Keysers Royal Hotel v Spicer Bros)
Sensitivity of claimant - claim may be denied where C is specially affected (Robinson v Kilvert)
where effect is not foreseeable C may not succeed (Network Rail Infrastructure v Morris)
Malice - deliberate acts strengthen case (Hollywood Silver Fox Farm v Emmett, Christie v Davey)
Social benefit - where D benefits society rather than individual C may not win (Miller v Jackson), may get compensation rather than injunction (Dennis v Ministry of Defence)

Question 9

Defence of prescription

Answer 9

Prescription - where the nuisance action has continued for 20 years without complaint (Sturges v Bridgman)

Question 10

Defence of statutory authority

Answer 10

Statutory authority - many activities that are a nuisance are regulated or licensed. (Allen v Gulf Oil Refining), (Marcia v Thames Water plc)
If planning permission changes character of neighbourhood claim likely to fail (Gilligham Borough Council v Medway), but if not defence not available (Wheeler v Saunders, Watson v Croft Promo-Sport)

Question 11

Points from Coventry v Lawrence

Answer 11

• where C builds on / changes the use of their after D has started their complained of activity, defence may fail
• damages may be considered as a remedy more often where planning permission has been awarded

Question 12

What defence cannot be used

Answer 12

Coming to the nuisance (Coventry v Lawrence)

Question 13

Remedies for private nuisance

Answer 13

Injunction, but defendant can argue that damages would be better
Abatement - C can enter D’s property in order to prevent further damage