Private nuisance

Question 1

Sedleigh v O Callaghan

2

Answer 1

Defendant: Adopted the nuisance
Defences: Act of a stranger/ trespasser

Question 2

Tetley v Chitty

Answer 2

Defendant: Authorised the nuisance

Question 3

Robinson v Kilvert

Answer 3

Damage: Abnormally sensitive land

Question 4

St. Helens Smelting Smelting

Answer 4

Damage: Easier to prove for physical damage

Question 5

Loss of amneity (Factors)

6

Answer 5

Locality
Duration
Degree of interference
Sensitivity
Social utility
Malice on defendant

Question 6

Allen v Gulf Oil

Answer 6

Defences: Statutory authority

Question 7

Marcic v Thames Water

Answer 7

Defences: Parliament

Question 8

Rees v Skerret

Answer 8

Defendant: Created the nuisance

Question 9

Gillingham v Medway Dock

Answer 9

Defences: Planning permission

Question 10

Sturges v Bridgeman

Answer 10

Defences: Prescription

Question 11

Nicholls v Marsland

Answer 11

Defences: Act of God

Question 12

Miller v Jackson

2

Answer 12

Defences: Public interest
Factors: Social utility

Question 13

Dennis v MOD

3

Answer 13

Defences: public interest
Factors: Social utility
Remedies: damages

Question 14

Kennaway v Thompson

Answer 14

Remedies: Injunction

Question 15

Lemmon v Webb

Answer 15

Remedies: Abatement

Question 16

Laws v Florinplace

Answer 16

Factors: Locality

Question 17

Spicer v Smee

Answer 17

Factors: Duration

Question 18

Halsey v Esso

2

Answer 18

Factors: Locality

Degree of Interference

Question 19

Kimbolton Fireworks

Answer 19

Factors: Duration

Question 20

Barr v Biffa

Answer 20

Factors: Duration

Degree of interference

Question 21

Bridlington v YEB

Answer 21

Factors: Sensitivity

Question 22

HSFF v Emmet

Answer 22

Factors: Defendants malice

Question 23

Christie v Davey

Answer 23

Factors: Defendants Malice