Introduction to public nuisance-FS Flashcards
(10 cards)
What is the legal classification of public nuisance under English law?
Public nuisance is primarily a crime, but in limited circumstances, it can also give rise to civil liability under the tort of public nuisance.
Who generally governs and enforces the law on public nuisance?
Public bodies, particularly local authorities and the Attorney General, are responsible for the governance and enforcement of public nuisance as a criminal matter.
Under what conditions can public nuisance give rise to tortious liability?
Tortious liability arises when the nuisance affects a class of the public and an individual suffers special damage beyond that suffered by the general public.
What must a claimant demonstrate to succeed in a tort claim for public nuisance?
The claimant must prove that the nuisance affected a class of persons (a section of the community) and that they suffered special or particular damage over and above that class.
What is meant by a “class of persons” in public nuisance?
A class of persons refers to a sufficiently substantial group in the community who are similarly affected by the defendant’s conduct, such as road users or local residents.
What qualifies as “special damage” in public nuisance?
Special damage is particular harm suffered by an individual that is distinct from or more serious than the general inconvenience or harm suffered by the affected group.
Can a single act affect a large group of people and still be considered a public nuisance?
Yes. A single act—such as blocking a public road or emitting harmful substances—can constitute public nuisance if it interferes with the rights of a group or the community at large
Why can long-term harmful practices by authorities or companies be considered public nuisance?
Because sustained conduct that adversely affects public health, safety, or convenience, and impacts a broad population, can be actionable as a public nuisance.
In the context of public nuisance, how does civil liability interact with criminal enforcement?
Although public nuisance is criminal, individuals can bring a civil claim when they suffer particular harm that gives them standing distinct from the general public.
What advice should a solicitor give to individuals delayed by a protest blocking a public road?
The solicitor should advise bringing a claim under the tort of public nuisance, as the obstruction affected a class of people (e.g., commuters) and caused special loss.
