Private nuisance

Question 1

sedleigh v o’callaghan

Answer 1

physical damage is a nuisance.
flooding.

Question 2

christie v davey

Answer 2

-non-physical interference can be a nuisance.
-loud noise can be a nuisance.
-malice (factor)

Question 3

leaky v national trust

Answer 3

continuing interference, not stopping a natural hazard

Question 4

network rail v morris

Answer 4

abnormally sensitive rule

Question 5

AG v doughty

Answer 5

-recreational activities are not common and ordinary.
-blocking a window view is not a nuisance.

Question 6

! halsey v esso

Answer 6

-non-physical damage has to be so physically unpleasant (vomiting, insomnia)
-duration (factor)

Question 7

! fearn v tate gallery

Answer 7

Whether d went beyond common and ordinary, give and take
-locality
-duration
-malice

Question 8

sturges v bridgman

Answer 8

-locality (factor)
-defence, prescription (20 years, same claimant)

Question 9

crown river cruises v kimbolton

Answer 9

temporary interference can be a nuisance if it is so severe.

Question 10

! hunter v canary wharf

Answer 10

who can sue, proprietary interest

Question 11

tetley v chitty

Answer 11

who can be sued

Question 12

wheeler v saunders

Answer 12

-defence, planning permission.
-bad smells can be a nuisance

Question 13

remedies

Answer 13

injunction- make D stop doing something, or to do something
damages- most common
abatement- letting C do something to solve problem (cutting down a tree)

Question 14

thompson v costaki

Answer 14

emotional distress

Question 15

miller v jackson

Answer 15

social benefit (factor)