Nuisance Flashcards
Parties to a Claim, Reasonableness Factors, Defences, Remedies (5 cards)
Definition of Nuisance
The unlawful interference with a person’s use or enjoyment of land. The interference must be unreasonable.
Stage 1 of Nuisance
Parties to a Claim:
Claimant - The C must demonstrate an appropriate legal interest in the land (Hunter v Canary Wharf). They are usually the owner/tenant.
Defendant - The D is the creator of the nuisance. Lord Goff in Cambridge Water states ‘The fact the D has taken all reasonable care will not exonerate him’.
Side Rule: This could also be local authority (Jones Ltd v PCC)
Stage 2 of Nuisance
There are 4 key factors to decide whether the interference is unreasonable:
1) Location - ‘Has the character of the neighbourhood changed?’ Consider the type of location (Leeman v Montaghue).
SIDE RULE: Damage to land makes Location irrelevant (St Helens Smelting v Tipping).
2) Duration - How long did the nuisance last? The longer the nuisance the greater the interference (Cunard v Antifyre).
SIDE RULES:
- If the nuisance occurs at night, more likely to be seen as unreasonable (De Keyser’s Royal Hotel).
- Even if it doesn’t last long, if the nuisance is continuous the courts can deem it unreasonable (Crown River Cruises v Kimbolton Fireworks).
3) Motive and Malice of the D - If the activity of the D is motivated by malice, it is unreasonable (Christie v Davey).
4) Sensitivity of the D - If the C is abnormally sensitive, D will not be liable unless a reasonable person would believe it amounts to a nuisance (Robinson v Kilvert).
Side Rule: Recreational Activities (Hunter v Canary Wharf)
Stage 3 of Nuisance
The D can escape liability for nuisance if he has a valid defence.
1) Statutory Authority - Act of Parliament gives permission for the nuisance, a complete defence (Allen v Gulf Oil).
2) Planning Permission - Behaviour authorised by local authority. Merely evidence the courts can use when assessing the interference (Gillingham Council v Medway). If the character of the neighbourhood changes, the interference will not be unreasonable.
3) Prescription - C tolerates the nuisance for a substantial amount of time (20 years) without complaining, then D can claim a prescriptive right.
4) Consent - C expressly or impliedly consents to nuisance.
5) Contributory Negligence - C contributes to own damages, C’s compensation is reduced accordingly in the Law Reform (Contributory Negligence) Act 1945.
6) Moving to the nuisance - C is suffering the nuisance as they moved closer to the allegated problem (Miller v Jackson). This is NOT a successful defence.
Stage 4 of Nuisance
If the courts deem the interference as a nuisance, there are a number of remedies that can be claimed.
1) Compensatory Damages - May be awarded where the damages done by the nuisance is quantifiable. Damages for past loss and inconvenience may be awarded.
2) Injunction - Equitable remedy, aims to force the D to act or stop the D doing something (Miller v Jackson).
3) Abatement - A form of self-help, C is entitled to take reasonable steps to lessen the nuisance themselves (Lemmon v Webb).
