Private Nuisance Flashcards
(37 cards)
What 3 elements have to be proven to sue under private nuisance?
- Interference with the use or enjoyment of land
- Damage to the claimant that was foreseeable
- The interference is unlawful/unreasonable
What counts as interference?
It is often indirect noises, smells etc. but can also be physical
What was the POL in Hunter vs Canary Wharf?
No interference as it was TV reception that was lost - similar to a view being altered
What principle is used to determine unreasonableness?
Live and Let Live principle - babies crying and dogs barking is normal etc
What are the 7 factors that a judge will take into account when taking a nuisance case?
Sensitivity, Locality, Planning Permission, Duration, Malice, Time and Magnitude
What is Sensitivity?
A defendant is not responsible for damage that occurs solely due to the claimant being abnormally sensitive
What contrasts sensitivity?
If the claimant can show that their right to ordinary enjoyment had been infringed, even if you or your activity is unusually sensitive
What is the POL in McKinnon Industries vs Walker?
Held liable as the right to normal enjoyment had been infringed
What is the POL from Robinson vs Kilvert?
Delicate brown paper dried out and held as overly sensitive
What is Locality?
A noise in an urban area wouldn’t be a nuisance but the same noise in a rural area might be
What was the POL in Sturges vs Bridgeman?
A judge stated that “what maybe a nuisance in Belgrave Square would not be a nuisance in Bermondsey”
What is the POL from St Helens Smelting Co vs Tipping
Area is not a factor when physical damage is involved
What is Planning Permission?
Even where planning permission is granted, if it doesn’t change the nature of the area, it can still be a nuisance
What is the POL from Gillingham BC vs Medway?
The commercial port changed the nature of the area so no nuisance
What is the area like at the time of the ‘nuisance’?
What is Duration?
A regular or continuous activity is more likely to be a nuisance compared to a 1 off event. However, a shorter period may still result in a nuisance
What is the POL of Crown River Cruises vs Kimbolton Fireworks?
A 20 minute firework display could have amounted to a nuisance
What is Malice?
Malice is bad motive and it will turn a reasonable act into an unreasonable one
What was the POL from Christie vs Davey?
The bad and malicious motive meant the conduct was unreasonable
What is Time?
A noise at 3am is more likely to constitute a nuisance than a noise at 3pm
What is Magnitude?
The volume of the noise or the severity of the smell etc.
Who can be sued (Nuisance)?
- The creator of the nuisance
- The occupier of the land
- The owner of the land
What does the occupier of the land need to be sued in terms of a third party?
They must be aware of the situation to be sued IF a third party is creating the nuisance
What does the owner of the land need to be sued? (Nuisance)
They need to be in control of the land, authorised the activity or if the activity already existed when the land was let
What was the POL from Tetley vs Chitty?
A local authority allowed go-karting on their land so was held liable for nuisance
