nuisance

Question 1

explain using a case example who can sue

Answer 1

Hunter v Canary Wharf - a person who has legal interest in the land and is affected by the interference can claim

Question 2

definition of nuisance

Answer 2

an unlawful interference with a persons use or enjoyment of land

Question 3

explain using a case example who can be sued

Answer 3

the creator of the nuisance
Page motors - those who authorise or adopt the nuisance

Question 4

must the unlawful interference must be direct or indirect

Answer 4

indirect

Question 5

smells and fumes

Answer 5

bliss v hall

Question 6

noise and vibrations disrupting sleep

Answer 6

Halsey v esso petroleum

Question 7

smell from pig farm

Answer 7

bone v seale

Question 8

noise from power boats

Answer 8

kennaway v Thompson

Question 9

hot air

Answer 9

robinson v kilvert

Question 10

fire

Answer 10

spicer v smee

Question 11

firing a gun to prevent foxes from breeding

Answer 11

Hollywood silver fox farm

Question 12

nuisance must cause either physical damage or loss of enjoyment

Question 13

case for physical damage

Answer 13

St Helens smelting co - acid rain damaged trees and bushes

Question 14

case for loss of enjoyment

Answer 14

Halsey v esso petroleum - loss of sleeping

Question 15

courts will take six factors into consideration

Answer 15

LSD + SUM

Question 16

explain with case example locality

Answer 16

Sturges v Bridgman - what might be a nuisance in one place would not necessarily be a nuisance in another

Question 17

case for where physical damage has occurred, the claim is more likely to succeed

Answer 17

st helens smelting co

Question 18

explain with case example seriousness

Answer 18

Walter v selfe - relates to the idea of ‘give and take’ and what reasonable use of property is

Question 19

explain duration

Answer 19

there must be a continuous interference over a period of time

Question 20

what is the case for if a nuisance is temporary, a claim could still succeed

Answer 20

De keysers royal hotel

Question 21

explain sensitivity

Answer 21

the standard of tolerance is that of the normal neighbour and so abnormally sensitive claimants won’t be likely to succeed

Question 22

case example of sensitivity

Answer 22

Robinson v kilvert

Question 23

explain utility

Answer 23

if D’s conduct has a use to society it may be reasonable to expect C to put up with it

Question 24

case example of utility

Answer 24

Harrison v southwark water co

Question 25

explain malice

Answer 25

whether the D wanted to maliciously offend someone

Question 26

case example of malice

Answer 26

Christie v Davey

Question 27

case and explanation for statutory authority

Answer 27

Allen v GORL
- claimant brought action in nuisance for the smell, noise and vibration created by an oil refinery which has been constructed by the defendant on their land
- as the defendants actions of constructing the oil refinery was authorised by an act of parliament, defendant wasn’t liable

Question 28

explain prescription and give case example

Answer 28

Sturges v Bridgman (defence failed)
If a claimant tolerates defendants activities for more than 20 years, the nuisance may be legal. However, time does not run until the activity is a nuisance.

Question 29

Is claimant coming to the nuisance a defence? + case

Answer 29

Miller v Jackson
it is not a defence to say that the defendant was there first and the claimant moved to the nuisance

Question 30

Is planning permission a defence? + case

Answer 30

Coventry v Lawrence
Supreme Court held that if planning permission has been granted, it does not mean that the relevant activity is lawful and is no assistance to the defendant

Question 31

Is public benefit a defence? + case

Answer 31

Bellow v Cement co Ltd
Defendant can’t use the fact that there is a public benefit to his activity as a defence

Question 32

what is damages and how may it be used for nuisance

Answer 32

these may be to compensate claimant for damage to land or the loss in value of the land. But it is not possible to claim for personal injury

Question 33

how can injunctions be used

Answer 33

• injunction is an equitable remedy but is granted at the courts discretion.
• to obtain an injunction, the claimant must come with ‘clean hands’

Question 34

what is the most common form of injunction

Answer 34

most common one is prohibitory which will order the defendant not to do something

Question 35

what is a mandatory injunction

Answer 35

requires the defendant to do something

Question 36

case for full injunction

Answer 36

Christie v Davey - induction to prevent defendants actions completely

Question 37

what is a partial injunction

Answer 37

may limit certain activities to certain times of the day