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tort > private nuisance > Flashcards

private nuisance Flashcards

1
Q

what case defined private nuisance

A

Fearn v Tate gallery

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2
Q

definition of private nuisance

A

use of land which substantially interferes w ordinary use and enjoyment of neighbouring land judged by standards of ordinary person

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3
Q

what 3 things need to be established

A
  1. right to bring a claim
  2. interference
  3. unlawful
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4
Q

what must the claimant have

A

a legal interest and affected by interference

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5
Q

case for claimant

A

Hunter v Canary Wharf

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6
Q

Hunter v Canary Wharf facts

A

owners and tenants had right to bring an action but members of their family did not as they did not have legal interest

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7
Q

who is the defendant

A

person who created nuisance or allowed it to continue

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8
Q

case for defendant

A

Tetley v chitty

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9
Q

Tetley v chitty facts

A

allowed go kart racing on its land so liable for the noise

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10
Q

can a person be liable for a nuisance they did not create

A

yes a person can be liable for a nuisance they did not create if they adopted it

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11
Q

case for adopting nuisance

A

Sedleigh v O’Callaghan

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12
Q

Sedleigh v O’Callaghan facts

A

knew a pipe installed by someone else created a risk of flooding
liable as he allowed danger to continue

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13
Q

can D be liable if nuisance is due to natural causes

A

yes provided D was aware of nuisance and failed to deal w it

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14
Q

case for nuisance due to natural causes

A

Leaky v National trust

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15
Q

Leaky v National trust facts

A

aware of large mound that could slip
liable as they knew this may happen and failed to prevent it

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16
Q

does D need to have interest in land at they time nuisance occurs

A

yes

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17
Q

case for interest in land at time nuisance occurs

A

Anthony v coal authority

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18
Q

Anthony v coal authority facts

A

fire started from coal waste
aware of problem when they controlled land and failed to prevent it

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19
Q

what interference must there be

A

a substantial and indirect interference

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20
Q

2 forms of interference

A

physical damage or loss of amenity

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21
Q

physical damage interference

A

generally regarded as unlawful
eg damage to plants or crops from fumes etc

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22
Q

case for physical damage interference

A

Halsey v Esso

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23
Q

Halsey v Esso facts

A

acid smuts from oil depot damaged his car

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24
Q

loss of amenity interference

A

affects ordinary comfort of human existence
affects their ability to use or enjoy their land

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25
Q

case for loss of amenity smell

A

Bone v Seal

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26
Q

Bone v Seal facts

A

smells from pig farm amounted to loss of amenity

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27
Q

case for loss of amenity

A

Williams v Network rail

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28
Q

Williams v Network rail facts

A

enrichment of knotweed amounted to loss of amenity
risk of future physical damage affects their ability to develop their property

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29
Q

what must the interference relate to

A

C’s use or enjoyment of land

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30
Q

case for C’s use or enjoyment of land

A

Hunter v Canary Wharf

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31
Q

Hunter v Canary Wharf facts for C’s enjoyment of land

A

interference w TV reception not actionable nuisance as it was just a loss of a recreational facility

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32
Q

does visual intrusion amount to nuisance

A

yes

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33
Q

case for visual intrusion interference

A

Fearn v Tate Gallery

34
Q

what can C not claim for

A

personal injuries

35
Q

what is an unlawful interference

A

D’s activity interferes w C’s use of land

36
Q

what will not give rise to liability (unlawful interference)

A

if D is making no more than a common and ordinary use of land and if activity was conveniently done w proper consideration for interests of neighbours

37
Q

what 2 things must be decided for unlawful interference

A

if acts were
1. part of ordinary use and occupation of land
2. whether conveniently done w proper consideration for interests of neighbours

38
Q

what 2 things need to be considered for ordinary use of land

A

locality and sensitivity of C

39
Q

locality (unlawful interference)

A

character and nature of the area
eg residential, industrial

40
Q

case for locality

A

Sturges v Bridgman

41
Q

Sturges v Bridgman facts

A

noise from industrial equipment were a nuisance in a quiet residential area

42
Q

special sensitivity

A

it is not relevant
may feel their neighbour is committing a nuisance but may be due to their own unreasonably high standards

it is whether damage was foreseeable

43
Q

case for special sensitivity

A

robinson v kilvert

44
Q

robinson v kilvert facts

A

heat damaged delicate paper
damage was due to special sensitivity of the paper

45
Q

4 factors considered when considering if activity was conveniently done

A

duration
physical damage
malice
social utility

46
Q

duration

A

length and degree of nuisance, time of day etc

47
Q

case for duration

A

Barr v Biffa

48
Q

Barr v Biffa facts

A

storage of organic material in landfill site was a nuisance as it led to many strong smells for over 5 years

49
Q

when is a nuisance likely to arise from a single act

A

physical damage

50
Q

physical damage case

A

crown river cruises v kimbolton fireworks

51
Q

crown river cruises v kimbolton fireworks facts

A

debris from firework display landed on a barge and court fire
even tho nuisance did not last long, there was physical damage

52
Q

malice

A

deliberately harmful or malicious act is more likely to be considered unlawful

53
Q

malice case

A

Christie v Davey

54
Q

Christie v Davey facts

A

neighbour banged on walls in retaliation while C gave music lessons
actions motivated by malice was a factor in deciding there was a nuisance

55
Q

social utility

A

no defence to a claim in nuisance to say D is using their land reasonably or in a way that is beneficial to the public

does not prevent actionable nuisance, may change the remedy

56
Q

case for social utility

A

Miller v Jackson

57
Q

Miller v Jackson facts

A

community use if the cricket ground did not outweigh use of garden

instead awarded damages

57
Q

2 defences to private nuisance

A

prescription
statutory authority

58
Q

how many years does D need to carry out his activity for prescription

A

20 years

59
Q

prescription defence

A

if D carried out acidity causing nuisance for 20 years and C has been aware of this and not complained, D has a prescriptive right to carry out the activity

60
Q

case for prescription

A

Sturges v Bridgman

61
Q

Sturges v Bridgman facts for prescription

A
  • complained noise from next door factory was a disturbance to his patients when he started treating patients in his garden
  • prescription failed as nuisance only began when consulting room was built

D cannot argue c moved to the nuisance where he moved closer to the factory

62
Q

can D argue C is suffering nuisance bc they moved to the nuisance

A

no (Sturges)
coming to a nuisance is not a defence

63
Q

case for coming to a nuisance and facts

A

Coventry v Lawrence

coming to a nuisance is not a defence provided C uses property for the same purpose before the alleged nuisance started

64
Q

statutory authority defence

A

an action will fail if the nuisance is created by a public body acting under statutory authority

65
Q

statutory authority case

A

allen v gulf oil

66
Q

allen v gulf oil facts

A

could not sue about noise and fumes from oil refinery as it was built under powers in an act or parliament

67
Q

what does planning permission mean (for remedies)

A

damages may be more likely to be awarded

68
Q

when could planning permission be relevant

A

whether D is making more than an ordinary use of land if it changes the character of the neighbourhood

69
Q

case for planning permission

A

Gillingham v Medway

70
Q

Gillingham v Medway facts

A

planning permission to turn dockyard into commercial port

area now industrial, residents could not complain about lorries

71
Q

3 remedies available

A

injunction
damages
abatement

72
Q

injunction

A

discretionary court order prohibiting or controlling an activity

73
Q

case for injunction

A

Kennaway v Thompson

74
Q

Kennaway v Thompson facts

A

partial injunction
limited number of races D could organise at powerboat club

75
Q

damages

A

courts may be less willing to grant injunction, damages may be more appropriate if planning permission or social utility

76
Q

3 types of damages

A

physical damage
loss of amenity
punitive damages

77
Q

physical damages

A

awarded if damage to land, plants, buildings etc

78
Q

loss of amenity

A

damages awarded to reflect reduction in value of land or loss of business

79
Q

punitive damages

A

extra money awarded to C because the court disapproves of the D’s behaviour

80
Q

abatement

A

right of C to take reasonable steps to deal with any nuisance himself

tort (7 decks)

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