private nuisance

Question 1

✩ What is the definition of private nuisance?

Answer 1

An indirect unlawful interference with a person’s enjoyment and use of his land.

Question 2

✩ What is the main type of nuisance used?

Answer 2

Loss of amenity!

(nuisance by interference with a neighbours quiet enjoyment of his land - Hunters).

Question 3

✩ What are the key characteristics of a private nuisance?

Answer 3

• claimant must have interest in the land,
• must be an unreasonable use of the land which is the source of the nuisance (Tate Gallery) ,
• claimant must suffer some harm.

Question 4

What does an interest in the land mean? give key case too!!

Answer 4

It means a person must own/have a right over the land (Malone: wife didn’t have land interest due to being family).

Question 5

Why do we need to determine unlawfulness?

Answer 5

If it becomes unlawful then it become unreasonable use of land! (remember: balance of conflicting interest of neighbours).

Question 6

What are the factors for considering unlawfulness?

Answer 6

• claimant sensitivity.
• duration.
• locality + character of the area.
• malice on d’s part.
• seriousness: activity interfere with neighbours.

Question 7

What do we ask for claimant sensitivity?

Answer 7

• standard of tolerance: is it of a reasonable person and ordinary land use?

-abnormally sensitive claimants are unlikely to succeed for a claim!!

Question 8

What does duration determine?

Answer 8

If a pn has been created, due to the more often it happens the more likely it is to be a nuisance.

Question 9

What are the 2 key cases for duration?

Answer 9

• halsey (nuisance created at night).
• crown river cruises (short term display = nuisance).

Question 10

What does locality look at?

Answer 10

• comparing different areas!
• sturges v bridgman!

Question 11

What can an act of malice cause?

Answer 11

a successful action for pn, even if D is abnormally sensitive. if they deliberately do it to annoy them, it goes from lawful to unlawful.

Question 12

What is the key case of act of malice?

Answer 12

hollywood silver fox: neighbour shot shotgun to disrupt breeding, allowing the C to claim an injunction.

Question 13

What may be relevant in terms of seriousness?

Answer 13

• level of seriousness.
• time of day.
• physical damage.
• loss of enjoyment.
• interferes ordinary existence.

Question 14

What is the causation for pn?

Answer 14

• nuisance was reasonably foreseeable.
• cambridge water co ‘foreseeability of damage should be a prerequisite of liability in damages under the rule’.

Question 15

What is coming to a nuisance?

Answer 15

argues the nuisance was ongoing long before the claim.

Question 16

What is the key pn case?

Answer 16

miller v jackson!!: c moved next to cricket club. she was given some money due to it being a private nuisance but the court looked at coming to a nuisance and social utility.

Question 17

What is social utility?

Answer 17

the usefulness to society and whether C may have to put up with it! (typically it reduced an injunction).

Question 18

What are the defences for pn?

Answer 18

• statutory authority.
• prescription.

Question 19

What is statutory authority?

Answer 19

defence if C can show that their conduct was authorised by law such as the Civil Aviation Act 1982.

Question 20

What are the remedies for pn?

Answer 20

• damages.
• injunctions: prohibiting, seek remedy, complete ban, defined limits.

Question 21

What is the structure for pn?

Answer 21

• define.
• characteristics: interest, source, harm.
• unlawfulness.
• factors.
• causation
• social utility.
• defences/coming to a nuisance.
• remedies.