Nuisance

Question 1

What is nuisance?

Answer 1

“An unlawful interreference with a person’s use or enjoyment of land coming from neighbouring land”

Question 2

What are the two types of nuisance?

Answer 2

1) Loss of amenity (e.g. noise and smell)
2) Material damage

Question 3

Who is the claimant?

Answer 3

Someone with an interest in the affected land - e.g. the owner or tenant

Question 4

In which case did the claimant not have a sufficient interest in the land?

Answer 4

Malone v Laskey

Question 5

Who is the defendant?

Answer 5

The person who is causing or allowing the nuisance - not necessarily the owner or occupier of the land

Question 6

Which case shows that the defendant doesn’t have to own the land?

Answer 6

Jones Ltd v Portsmouth City Council

Question 7

Which case shows that a defendant can be liable even if they didn’t create the nuisance?

Answer 7

Sedleigh Denfield v O’Callaghan - they adopted the nuisance because they were aware of the blocked grate and didn’t prevent the flooding

Question 8

Which case shows that a defendant who fails to prevent nuisance (even one caused by a natural occurrence) will still be liable?

Answer 8

Leakey v National Trust - a naturally occurring mound collapsed and damaged the claimant’s home

Question 9

How is unlawful defined?

Answer 9

Not as illegal, but as so unreasonable in the way that it affects the claimant

Question 10

What question must the courts ask when considering if the nuisance is unlawful?

Answer 10

Whether it is reasonable for the claimant to suffer the particular interference?

Question 11

Which case shows that TV reception isn’t protected?

Answer 11

Hunter v Canary Wharf

Question 12

Which case shows that the courts can protect emotional distress?

Answer 12

Thompson Schwab v Costaki

Question 13

What are the factors of reasonableness?

Answer 13

1) Locality
2) Duration
3) Sensitivity of the claimant
4) Malice
5) Social benefit

Question 14

Which case shows that the locality can negate a nuisance?

Answer 14

Hirose Electrical Ltd v Peak Ingredients Ltd - the nuisance was to be expected because it took place on an industrial park

Question 15

Which case shows that a temporary nuisance can still be unreasonable?

Answer 15

De Keyser’s Royal Hotel v Spicer Bros

Question 16

In which case was an ‘extension of land’ considered to be sufficient for a claim in nuisance?

Answer 16

Crown River Cruises v Kimbolton Fireworks - the claimant’s boat tethered to their land was damaged

Question 17

In which case was the claimant overly sensitive?

Answer 17

Robinson v Kilvert

Question 18

Give an example of an act of malice which amounted to a nuisance?

Answer 18

Hollywood Silver Fox Farm v Emmet

Question 19

In which case was nuisance negated by public benefit?

Answer 19

Miller v Jackson - the courts refused to grant an injunction

Question 20

What is the case for foreseeability?

Answer 20

Cambridge Water v Eastern Counties Leather PLC

Question 21

What are the defences?

Answer 21

1) Prescription
2) Volenti
3) Ordinary use of land
4) Statutory authority

Question 22

What is not a defence?

Answer 22

Moving to the nuisance

Question 23

What is the defence of prescription?

Answer 23

The claimant cannot bring a claim of nuisance if they have been aware of the nuisance for at least 20 years and have not made a complaint

Question 24

Give an example of a case where the defence of prescription was used

Answer 24

Sturges v Bridgeman - the defence failed because the claimant only became aware of the nuisance when the consulting room was built

Question 25

In which case was the use of land ordinary?

Answer 25

Southwark London Borough Council v Mills

Question 26

Give an example of statutory authority as a defence

Answer 26

Allen v Gulf Oil Refining - Parliament intended for the defendants to operate the oil refinery by giving them permission to build it

Question 27

What are the two remedies?

Answer 27

Injunction (partial or total) or abatement