nuisance

Question 1

What is ‘private nuisance’?

Answer 1

‘Private nuisance’ is when something indirectly interferes with someone’s ability to use or enjoy their land.

Question 2

What is ‘public nuisance’?

Answer 2

‘Public nuisance’ is when a large group of people or the public is disturbed or suffers because of someone else’s actions.

Question 3

Can public nuisance be both a crime and a tort?

Answer 3

Yes, public nuisance can be both a crime and a tort.

Question 4

What is the significance of the Police, Crime, Sentencing and Courts Act 2022 concerning public nuisance?

Answer 4

Under this act, criminal public nuisance no longer relies on common law.

Question 5

Who can bring a claim for public nuisance?

Answer 5

Individuals with special damage can bring the claim.

Question 6

What is a statutory nuisance?

Answer 6

Statutory nuisance involves government enforcement and is not covered in this module.

Question 7

What are the two main types of nuisance?

Answer 7

• Private nuisance
• Public nuisance

Question 8

What does private nuisance primarily protect?

Answer 8

Private nuisance primarily protects property rights.

Question 9

What does public nuisance focus on?

Answer 9

Public nuisance focuses on protecting public interests.

Question 10

What is the test for determining private nuisance?

Answer 10

The test is whether the defendant’s use of land causes unreasonable interference with the claimant’s enjoyment of land.

Question 11

What are the two types of private nuisance?

Answer 11

• Physical injury to land
• Substantial interference with the enjoyment of the land

Question 12

What is the case law associated with tree roots causing damage?

Answer 12

Davey v Harrow Corporation (1958) established that tree roots causing damage can lead to a nuisance claim.

Question 13

Who can sue for private nuisance?

Answer 13

Only those with legal rights to the land can take legal action.

Question 14

What did the case Malone v Laskey (1907) establish?

Answer 14

It ruled that only those with legal rights can claim for private nuisance.

Question 15

What is the ‘reasonable use of land’ test?

Answer 15

It considers whether the defendant’s use of land is reasonable or causes unreasonable interference.

Question 16

What factors determine reasonable use in nuisance cases?

Answer 16

• Damage to property or personal discomfort
• The nature of the locality
• Duration and frequency
• Utility of the defendant’s conduct
• Abnormal sensitivity
• Malice

Question 17

What did the case Sturges v Bridgman (1879) establish about locality?

Answer 17

It established that whether something is a nuisance depends on the local area.

Question 18

What is the significance of the case Miller v Jackson (1977)?

Answer 18

It ruled that the benefit of the cricket club to the community exceeded the inconvenience to the plaintiffs.

Question 19

What is the role of an occupier in nuisance cases?

Answer 19

The occupier is held responsible if their employees or contractors cause a nuisance.

Question 20

What is the concept of ‘adopting a nuisance’?

Answer 20

It refers to using something that causes a nuisance for one’s benefit.

Question 21

What is ‘statutory authority’ in nuisance defenses?

Answer 21

It means that if the nuisance is allowed by law or government rules, the responsible party may not be liable.

Question 22

What does the ‘20 years prescription’ defense entail?

Answer 22

If a nuisance has been happening for 20 years without a complaint, it might not be considered a nuisance.

Question 23

What is the significance of the case Fearn v Tate Gallery (2023)?

Answer 23

It expanded the definition of private nuisance to include visual privacy in significant and ongoing intrusions.

Question 24

What happens if the organization is careless or negligent in a nuisance case?

Answer 24

The defense does not apply.

Some laws include a ‘nuisance clause’ making the organization responsible for any nuisance caused, even if acting within the law.

Question 25

What is the significance of a 20 years prescription in nuisance claims?

Answer 25

If the nuisance has been occurring for 20 years without a complaint, it might not be considered a nuisance. ## Footnote This defense applies only if the nuisance has affected the claimant's land for more than 20 years.

Question 26

What is the case law associated with the 20 years prescription defense?

Answer 26

Sturges V Bridgman. ## Footnote The defense failed because the plaintiff became aware of the nuisance when a new building was constructed.

Question 27

What is the 'act of a stranger' defense in nuisance cases?

Answer 27

If the nuisance was caused by someone else who was not part of the case, like a trespasser. ## Footnote Example: Box V Jubb, where the defendant was not held responsible for flooding caused by another neighbor.

Question 28

What is a defense that courts have rejected in nuisance cases?

Answer 28

Coming to a nuisance. ## Footnote A person cannot use this as a defense if they move to an area and then complain about an existing nuisance.

Question 29

What was established in the case Bliss V Hall (1838)?

Answer 29

The court ruled that the plaintiff could claim nuisance even if the business causing it was there before they arrived. ## Footnote This case reinforced that it wouldn't be fair to expect avoidance of land purchase due to a neighbor's misuse.

Question 30

What does social utility imply in nuisance claims?

Answer 30

The usefulness of an activity to society does not justify causing a nuisance. ## Footnote Example: Adams V Ursell, where a helpful shop was not allowed to operate due to causing nuisance.

Question 31

What happens if multiple parties contribute to a nuisance?

Answer 31

The defendant cannot claim they are not responsible because they are only one of many contributors. ## Footnote Example: Lambton V Mellish, where each contributor could be held responsible for the nuisance.

Question 32

What is an injunction in the context of nuisance remedies?

Answer 32

A court order to stop the nuisance. ## Footnote Getting an injunction is a discretionary remedy, not an automatic right.

Question 33

Under what circumstances might damages be awarded instead of an injunction?

Answer 33

* The harm to the claimant’s legal rights is minor * The harm can be valued in money * A small payment would suffice to compensate the claimant * Giving an injunction would be unfairly harsh to the defendant ## Footnote Based on Shelfer V City of London Electric Lighting Co (1895).

Question 34

What is the self-help remedy in nuisance cases?

Answer 34

Abatement. ## Footnote This allows a claimant to take action to fix the problem themselves, like cutting a neighbor's tree branch up to their boundary line.

Question 35

What are damages in the context of nuisance?

Answer 35

Money compensation for harm caused by the nuisance. ## Footnote Damages can be awarded for loss of enjoyment, decrease in land value, and damage to fixtures.

Question 36

What distinguishes private nuisance from public nuisance?

Answer 36

Private nuisance focuses on damage to someone's land, while public nuisance affects the comfort and convenience of a group of people. ## Footnote Public nuisance does not require the claimant to have a specific interest in the land.

Question 37

What is required for an individual to claim public nuisance?

Answer 37

The individual must suffer 'special damage.' ## Footnote Special damage refers to more serious harm than what the general public experiences.

Question 38

What case illustrates the concept of special damage in public nuisance?

Answer 38

Tate & Lyle V Greater London Council (1983). ## Footnote The court ruled that the dredging cost was special damage exceeding what the general public experienced.

Question 39

What does Article 8 of the ECHR provide?

Answer 39

It protects the right to respect for private and family life. ## Footnote This can introduce human rights law into private nuisance situations.

Question 40

What was the outcome of Dennis V Ministry of Defense (2003)?

Answer 40

The owner was awarded damages for noise from military aircraft but not an injunction due to public interest. ## Footnote This case combined breach of Article 8 and common law nuisance.

Question 41

What did the case Marcic V Thames Water Utilities (2003) highlight?

Answer 41

Statutory authorities have flexibility in operations and existing remedies should replace private claims. ## Footnote The case emphasized that too many claims under Article 8 could lead to large public liabilities.

Question 42

What is the role of statutory authorities in nuisance cases?

Answer 42

They have specific legal duties that often replace private claims for nuisance or trespass. ## Footnote Courts balance private rights with public interest, favoring statutory remedies.