Private nuisance Flashcards
what is private nuisance
where the claimants use and employment of land is affected by their unreasonable use of land
when would you see loss of amenity (examples)
If the use enjoyment is affected, couldn’t sleep
what does hunter v canary wharf tell us
c must have interest in the land (eg: own the land)
who can the claimant sue
the creator of the nuisance (de keyers royak hotel v spicer bros)
what does de keyers royal hotel v spicer bros tell us
claimant can sue creator if nuisance
what does the court say about duration & case
the longer the duration the more likely a nuisance ( criwn river v kimbolton fireworks )
what is the part beggining with s……..
sensitivity
what does christie v davey say
if the nuisanxe is created out of malice its more likely a nuisance
whats said abt malice & case
if it’s created out of malice , it’s more likely to be a nuisance
(christie v davey)
social benefit case
miller v jackson
reasonable case
barr v biffa
