Nuisance- Defences and remedies

Question 1

There are 5 defences for negligence

Answer 1

Statutory authority - ALLEN V GULF OIL

Planning permission- GILLINGHAM COUNCIL V MEDWAY

Prescription - (no case)

Volenti-non-fit-injuria - (not case)

Contributory negligence - Law reform act of 1945

Question 2

Statutory authority

Answer 2

Where an act of parliament gives permission for the nuisance , it will not be a nuisance
ALLEN V GULF OIL

Question 3

Planning permission

Answer 3

Could mean that the character of the neighborhood has changed from residential to commercial and therefore more interference is reasonable
GILLINGHAM COUNCIL V MEDWAY

Question 4

Prescription

Answer 4

If the C tolerates the nuisance for the substantial amount of time without complaint (20 years)

Question 5

Volenti - non - fit - injuria

Answer 5

Where the C expressly or impliedly consents to the nuisance

Question 6

Contributory negligence

Answer 6

C’s damage are reduced according to their own responsibility for the damage

LAW REFORM (CONTRIBUTORY NEGLIGENCE) ACT 1945

Question 7

REMEDIES

Answer 7

Compensatory Damages- (no case)

Abatement - (no case)

Injunctions - MILLER V JACKSON

Partial injunctions : KENNAWAY V TOMPSON

Question 8

Compensatory Damages-

Answer 8

Compensation may be awarded where the damage done by the nuisance is quantifiable
Damages for past loss and inconvenience may also be awarded

Question 9

Abatement-

Answer 9

C is entitled to take steps to alleviate the nuisance
E.g cutting down branches of a tree that intrudes on their property

Question 10

Injunctions

Answer 10

MILLER V JACKSON
An equitable remedy
Forced the D to act or to stop the D doing something. Awarded if it’s fair, just and possible)

Question 11

Partial injections

Answer 11

KENNAWAY V THOMPSON
partial injunctions can be tailored to meet the exact circumstances of the case