Nuisance

Question 1

What is the definition of nuisance?

Answer 1

An unlawful interference with a person’s use or enjoyment of land or some right over, or in connection with it.

Question 2

Winfield set out what?

Answer 2

Definition of nuisance

Question 3

What are examples of nuisance?

Answer 3

Noise, smell and fumes

Question 4

What are the three elements of nuisance?

Answer 4

Unreasonable/unlawful use of land
Indirect interference
Impacts Cs use/enjoyment of land

Question 5

Who can make a claim in nuisance?

Answer 5

Someone who proprietary/legal right in the property

Question 6

Tetley v Chitty states what?

Answer 6

Defendant either creates or authorises nuisance

Question 7

Who is the defendant in a nuisance claim?

Answer 7

Defendant either creates or authorises nuisance

Question 8

What are the unlawful use of land factors?

Answer 8

Duration
Time of day
Locality
Sensitivity of the claimant
Malice
Public benefit

Question 9

What unlawful use of land factor always applies in a successful nuisance claim?

Answer 9

Duration

Question 10

What will the court hold when the claimant is overly sensitive?

Answer 10

Their sensitivity will not be taken into account when assessing if D is using their land unlawfully

Question 11

Bolton v Stone applies to what unlawful use of land factor?

Answer 11

Duration

Question 12

Sturges v Bridgman applies to what unlawful use of land factor?

Answer 12

Locality

Question 13

Robinson v Kilvert applies to what unlawful use of land factor?

Answer 13

Sensitivity of the claimant

Question 14

Christie v Davey applies to what unlawful use of land factor?

Answer 14

Malice

Question 15

Miller v Jackson applies to what unlawful use of land factor?

Answer 15

Public Benefit

Question 16

What are examples of indirect interference?

Answer 16

Fumes; vibrations; loud noises; smuts from a factory; fire; pollution from rivers

Question 17

What are the two types of damage (use/enjoyment of land)

Answer 17

Actual and intangible damage

Question 18

What is actual damage?

Answer 18

Damage to property

Question 19

What is intangible damage?

Answer 19

Impacts use or enjoyment of land e.g. not being able to open windows

Question 20

St Helens Smelting v Tipping applies to what?

Answer 20

Actual damage

Question 21

Hunter v Canary Wharf applies to what?

Answer 21

Intangible damage

Question 22

What are the five defences to a nuisance claim?

Answer 22

Statutory authority
Planning permission
Coming to the nuisance
Acts of a stranger
Prescription

Question 23

Hammersmith Railway v Brand applies to what defence?

Answer 23

Statutory authority

Question 24

Coventry v Lawrence applies to what defence?

Answer 24

Planning permission

Question 25

Bliss v Hall applies to what defence?

Answer 25

Coming to the nuisance

Question 26

Sturges v Bridgman applies to what defence?

Answer 26

Prescription

Question 27

Explain the defence of Statutory authority

Answer 27

When the nuisance is authorities by an Act of Parliament

Question 28

Explain the defence of Coming to the nuisance

Answer 28

This cannot be a defence to a nuisance claim

Question 29

Explain the defence of Prescription

Answer 29

Where the nuisance has occurred for 20 years without complaint - time starts when the claimant notices the nuisance

Question 30

Remedies for a nuisance claim

Answer 30

Injunction or damages

Question 31

What is an injunction?

Answer 31

A court order banning the defendant from doing something either entirely or during certain times

Question 32

Kennaway v Thompson applies to what remedy?

Answer 32

Injunction