Nuisance Flashcards
(29 cards)
What is the definition of nuisance in law?
Nuisance is the “unlawful (unreasonable) interference with a person’s use or enjoyment of land”. The focus is on whether the interference is unreasonable – if so, it will be a nuisance and actionable.
How do you introduce a nuisance problem question?
The C (name) may be able to sue the D (name) for nuisance because…
What must the claimant establish in a nuisance claim?
The claimant must demonstrate an appropriate legal interest in the land affected (Hunter v Canary Wharf) – they are usually the owner or the tenant.
Who can be the defendant in a nuisance claim?
The D is the creator of the nuisance. He does not need to own or occupy the land the nuisance is emitting from. Even if the D takes reasonable care, they can still be liable.
What did Lord Goff say in Cambridge Water about reasonable care?
“The fact that the D has taken all reasonable care will not exonerate him.”
Can a local authority be a defendant in nuisance?
Yes – Jones Ltd v Portsmouth City Council (2002)
What are the four key reasonableness factors in nuisance?
Location, Duration, Motive/Malice, Sensitivity.
How does location affect whether interference is unreasonable?
Consider if the character of the neighbourhood has changed – reasonable use varies depending on whether the area is residential, commercial, town, countryside, etc. (Leeman v Montague, Hirose Electrical v Peak Ingredients)
What is the side rule for location and physical damage?
If the nuisance causes physical damage, location is irrelevant – St Helens Smelting v Tipping.
How does duration affect nuisance?
The longer the nuisance lasts, the more likely it will be unreasonable – Cunard v Antifyre.
Does it matter if the nuisance happens at night?
Yes – it’s more likely to be seen as unreasonable – De Keyser’s Royal Hotel.
Can short but continuous interference be unreasonable?
Yes – Crown River Cruises v Kimbolton Fireworks.
When is the motive of the defendant relevant?
If motivated by malice, it is more likely to be a nuisance – Christie v Davey, Hollywood Silver Fox Farm.
When is the claimant’s sensitivity relevant in nuisance?
If the claimant is abnormally sensitive, D is not liable unless the interference would affect a reasonable user – Robinson v Kilvert.
What is the side rule on recreational interference?
Interference with recreational activities is not usually unreasonable – Hunter v Canary Wharf.
What is the statutory authority defence in nuisance?
If an Act of Parliament authorises the nuisance, it’s a complete defence – Allen v Gulf Oil.
Is planning permission a full defence in nuisance?
No – it’s not an automatic defence but can be used as evidence of reasonableness – Gillingham Council v Medway.
When can planning permission make interference reasonable?
If it changes the character of the neighbourhood from residential to commercial.
What is the prescription defence in nuisance?
If the nuisance has occurred for 20 years without complaint, D may gain a prescriptive right.
When should you always mention the prescription defence?
When a time period is specified in the scenario.
Can prescription apply to someone who just moved in?
No – the defence applies to the current C, not past residents.
What is the volenti defence in nuisance?
Where the C expressly or impliedly consents to the nuisance.
What is the contributory negligence defence in nuisance?
If the C contributed to the nuisance, their compensation is reduced under the Law Reform (Contributory Negligence) Act 1945.
Is moving to the nuisance a valid defence?
No – Miller v Jackson.
