Nuisance Flashcards
(15 cards)
what is private nuisance
any unlawful interference with a person’s use or enjoyment of land or some right over it
what are included in an action for PRN?
- actual physical damage to land
- interference with the use and enjoyment of land
- encroachment ( intrusion)
Hunter v Canary Wharf Ltd 1997
- A C must first established that they have the right to sue
- residents near the newly built tower claimed that the building caused signal interference with their TV reception and sought damages
- HOL ruled that interference with TV reception was not a form of actionable nuisance
- reaffirmed that only those with proprietary interest (owners or tenants) could bring a claim in PRN
what are the range of factors to determine nuisance
- intensity
- always considered - nature of the locality
- sometimes considered - sensitivity of the claimant
- sometimes considered
what does intensity of the interference mean
- to attract liability, the interference must be substantial or intense
- Fearn v Board of Trustees of the Tate Gallery 2023
–> visual intrusion can amount to private intrusion
what does nature of the locality mean?
- character of the area
- eg whether it is residential area or industrial
what does sensitivity of the claimant mean
claim of someone affected because of their own sensitivities will fail
- where an ordinary person would not be so affected
Network Rail Infrastructure Ltd v Morris 2004 - sensitivity of the claimant
- C’s use of highly sensitive equipment was unusually sensitive (electric guitar)
- CoA ruled that there was no nuisance, as the interference was not foreseeable
- reaffirm the principle that nuisance claims must be based on interference that would affect an ordinary person or business
what are the defences to nuisance - PRN
- statutory authority
- Twenty years’ prescription and coming to nuisance
what does statutory authority mean - PRN
statute may authorise whether, when, and how much compensation must be paid to those affected by the D’s activities
- D has the authority, created by statute, to use their land in a particular way, with particular consequences
what is the twenty years prescription - PRN
D can show that he has acquired a right to cause the relevant nuisance because they have done so for 20 years without interruption
what is public nuisance? - PN
D will commit PN if
1. he creates, authorises, adopts or continue a state of affairs which
2. unreasonably interferes with either (a) a public right or (b) the comfort, convenience, or safety of the public
3. he know, or ought to have known that would be the consequence of what he did or omitted to do
what are the key elements of PN
- unreasonable interference with public rights
- special damage required for a private claim
key element 1 : unreasonable interference with public rights
- the interference must affect a significant amount of people, rather than individual or few
key element 2: special damage required for a private claim
C must show special damage of the D, meaning harm that is more significant than that suffered by the general public.
