Case Revision Flashcards
(46 cards)
Defamation: Definition of defamation
Slim v Stretch:
A defamatory statement is one that injures the reputation of another
Defamation: To what degree does reputation need to be injured?
Lewis v Daily Telegraph:
Likely to lower claimant in the estimation of right-thinkinking members of society
Defamation: Can democratically elected bodies sue?
No, under:
Derbyshire County Council v Times
Defamation: Can a company sue?
Yes, under:
South Hetton Coal v North-Eastern News
Defamation: Test for actual reputational damage
Lachaux v Independant Print:
1) Scale of publication
2) Whether sttement reached someone who knows C
3) Likilhood of the statement reaching others
4) Gravity of the statements themselves
Nuisance: Private Nuisance definition
Read v Lyon:
Unlawful interference with an individual’s enjoyment of their land.
Nuisance: Who can bring a claim in private nuisance?
Hunter v Canary Wharf:
Anyone with a proprietary interest in the property.
Nuisance: What are the 3 types of private nuisance
Hunter v Canary Wharf:
1. Encroachment on land (e.g., tree roots, buildings).
2. Physical damage to land (e.g., pollution, fumes).
3. Interference with quiet enjoyment (e.g., noise, smells).
Nuisance: Public Nuisance Definition
Attorney General v PYA Quarries:
Affects a “class of subjects” and is also a criminal offence.
Nuisance: Is it an ordinary or common use of land?
Walter v Selfe
Nuisance: Are there any planning permissions?
Lawrence v Fern Tigers
Nuisance: Whats the nature and character of the locality?
Lawrence v Fern Tigers
Nuisance: Did any physical damage occur?
Hellen Smelting v Tipping
Nuisance: Loss of amenity
Gillingham Borough Council
Nuisance: Any loss in property’s value?
Network rail LTD v Williams
Nuisance: How intense is the nuisance?
Spicer v Smee
Nuisance: Any malice?
Christie v Davey
Nuisance: Is the C being hypersensitive?
Robinson v Kilvert
Trespasses: What are the possible trespasses?
Collins v Wilcock:
Assault, Battery and False Imprisonment
Assault: Can silent phone calls suffice?
Yes:
R v Ireland
Assault: Can liability arise if theres no violence?
Yes:
Steven v Myers
Assault: Can there be assault if D can’t carry out the threat?
No:
Thomas v National Union of Miners
Battery: Do you need to show harm?
No:
Home Office v Wainwright
Battery: How much force does there need to be?
Collins v Wilcock:
Must exceed physical conduct generally accepted in the ordinary conduct of life
