Private Nuisance

Question 1

What is the definition for private nuisance?

Answer 1

‘An unlawful (unreasonable) interference with a person’s use or enjoyment of land coming from neighbouring land’

Question 2

What was the nuisance in Sturges v Bridgeman?

Answer 2

Noise and vibrations

Question 3

What was the nuisance in St Helens Smelting v Tipping?

Answer 3

Smoke and fumes

Question 4

Bliss v Halls

Answer 4

Smells

Question 5

Halsey v Esso Petroleum

Answer 5

Smells, physical damage and noise

Question 6

What does Hunter v Canary Wharf say about a view?

Answer 6

Tower built, blocked TV reception. Can’t claim for view. Stops floodgates.

Question 7

Robinson v Kilvert

Answer 7

Delicate brown paper dried out, claim failed as overly sensitive

Question 8

McKinnon Industries v Walker

Answer 8

Sensitive orchids damaged by fumes. Liable as right to normal enjoyment infringed

Question 9

What did the judge say in Sturges v Bridgeman?

Answer 9

A nuisance in ‘Belgrave Square’ would not be a nuisance in Bermondsey

Question 10

What is the point of law in St Helens Smelting Co v Tipping?

Answer 10

Location is not a factor if there is physical damage

Question 11

Murdock v Glacier Metal Co

Answer 11

Low droning noise stopped sleep. Failed as other residents had not complained

Question 12

Gillingham BC v Medway

Answer 12

Planning permission granted for creation of a port. Change to nature of the area so no nuisance

Question 13

Wheeler v Saunders

Answer 13

Pig farmer made new pig houses, created smells liable even though he had planning permission

Question 14

De Keysers Royal Hotel v Spicer Bros

Answer 14

Injunction put in place to stop building work over night even though temporary

Question 15

Crown river cruises v Kimbolton Fireworks

Answer 15

20 min fire work display could have amounted to a nuisance

Question 16

Christie v Davey

Answer 16

Music teacher taught at house. D deliberately disturbed by banging trays on wall. Malicious so unreasonable

Question 17

Tethys v Chitty

Answer 17

Local authority who allowed go-karting on thier land where liable for nuisance

Question 18

What does Hunter v Canary Wharf state about who can claim?

Answer 18

Those who have a proprietary interest in the land. Rent or own

Question 19

What did Miller v Jackson prove about defences for private nuisance?

Answer 19

-Coming of the nuisance (we where here first) not a defence
-Public benefit not a defence (however they will take it into consideration)

Question 20

Coventry v Lawrence

Answer 20

Moved next to motor sports stadium was given damages.
In some circumstances damages are awarded

Question 21

Belles v Cement

Answer 21

Irelands only cement factory closed

Question 22

Kennaway v Thompson

Answer 22

Injunction to stop boat racing

Question 23

What are the three points that must be met to claim/sue under private nuisance?

Answer 23

• interference
• damage
• unlawful/unreasonable

Question 24

What is a case that can be applied if there is malice?

Answer 24

Christie v Davey
The piano teacher

Question 25

Cases relating to interference ? (3)

Answer 25

Surges v Bridgman Bliss v Hall Hunter v Canary Wharf

Question 26

What cases relating to damage?

Answer 26

There aren’t any needed just need to prove causation and that it was foreseeable

Question 27

5 factors of unreasonableness?

Answer 27

Sensitivity Locality Locality/planning permission Duration Malice

Question 28

What cases relate to sensitivity? (2)

Answer 28

Robin v Kilvert McKinnon v Walker

Question 29

What cases relate to locality? (3)

Answer 29

Sturgeon v Bridgeman St Helens co v tipping Murdock v Glacier Metal Co

Question 30

What cases relate to locality/planning permission? (2)

Answer 30

Gillingham BC v Medway Wheeler v Saunders

Question 31

What cases relate to duration? (2)

Answer 31

De Keysers Royal Hotel v Spicer Bro’s Crown River Cruises v Kimbolton Fireworks

Question 32

What are the four remedies for private nuisance?

Answer 32

Abatement Damages Prohibitory injustion Mandatory injunction

Question 33

What is a prohibitory injunction?

Answer 33

Stops or limits actions

Question 34

What is a mandatory injunction?

Answer 34

Fix the problem within a certain time frame