Nuisance

Question 1

What is nuisance

Answer 1

The unlawful inteference with a persons use and enjoyment of their land

Question 2

Stage 1 - parties to a claim

Answer 2

C - Claimant must demonstrate an appropriate legal interest in the land affected (Hunter v Canary Wharf) - usually the owner/tenant
D - creator of the nuisance, he does not need to own the land the nuisance is coming from. It also does not matter if the D has taken reasonable care not to be a nuisance. In Cambridge Water Lord Goff said ‘the fact that the d has taken all reasonable steps will not exonerate him’

Question 3

Stage 1 side rule

Answer 3

Claimant/defendant can also be a local authority (Jones Ltd v Portsmouth City Council)

Question 4

Stage 2 - reasonableness factors

Answer 4

Location - locality of the inteference must be established - has the character of the land/area changed? (Leeman v Montague)
Duration - how long did the nuisance last? The longer it lasts, the greater the nuisance (Cunard v Antifyre)
- if interference occurred at night it is more likely to be a nuisance (De Keysers Royal Hotel)
- if continuous can still be a nuisance (Crown River Cruises)
Motive and malice - if activity is motivated by malice, it is likely to be a nuisance (Christie v Davey)
Sensitivity of the D - if C is abnormally sensitive or their use of land is sensitive, the D is not liable (Robinson v Kilvert)

Question 5

Stage 2 side rule

Answer 5

Recreational activity interference - (Allen v Gulf Oil)

Question 6

Stage 3 - defences

Answer 6

Can escape nuisance liability if:
Statuary authority - act of parliament gives permission for the nuisance, complete defence (Allen v Gulf Oil)
Planning permission - if behaviour is authorised by local authority, acts as evidence for a defence consideration (Gillingham Council v Medway)
Prescription - C tolerates nuisance for a substantial amount of time without complaining, D can claim a prescriptive right
Consent (volenti) - c expressly or impliedly consents to nuisance
Contributory negligence - if C has contributed to their own damages the C’s compensation is reduced (Law Reform (contributory negligence) Act 1945
Moving to the nuisance - c only suffering after moving closer to the alleged problem (Miller v Jackson)

Question 7

Stage 4 - remedies

Answer 7

Compensatory damages - awarded where the damage done by the nuisance is quantifiable
Injunction - equatable remedy, granted by the courts when it is fair, just and possible to do so. Aim to stop D from acting or force them to do an act (Miller v Jackson)
Abatement - form of self help, C entitled to make reasonable steps to lessen the nuisance (Lemmon v Webb)