Private Nuisance

Question 1

What is private nuisance?

Answer 1

An unlawful interference for a substantial length of time which interferes with C’s right to use/enjoy their land

Question 2

Who is the Claimant?

Answer 2

Has legal interest in property - must be owner or tenant of property

Question 3

Hunter v Canary Wharf

Answer 3

Claims failed as C lacked legal interest

Question 4

Who is the Defendant?

Answer 4

Creator of nuisance or landlord who authorised activity

Question 5

Tetley v Chitty

Answer 5

Council liable as they authorised nuisance (go-kart track)

Question 6

Two examples of interference?

Answer 6

Physical damage, loss of amenity

Question 7

What is physical damage?

Answer 7

Likely to be nuisance

Question 8

What is loss of amenity?

Answer 8

C’s enjoyment of their land is restricted due to excessive smells, noise, vibrations etc

Question 9

What are the unlawfulness principles? Liam Does Drag Shows Round Manchester

Answer 9

Locality, Duration, Degree, Sensitivity, Reason, Malice

Question 10

What is meant by locality?

Answer 10

Depending on area interference occurred, it may be nuisance if not expected

Question 11

St Helens Smelting v Tipping

Answer 11

D liable for damage caused by smelting despite it being an industrial area (physical damage = locality ignored)

Question 12

What is meant by duration?

Answer 12

Longer the interference, more likely it is a nuisance

Question 13

Crown River Cruises v Kimbolton Fireworks

Answer 13

D liable for one off nuisance as it caused physical damage (physical damage = duration)

Question 14

What is meant by degree?

Answer 14

The worse the interference, more likely to be a nuisance

Question 15

Murdoch v Glacier Metal

Answer 15

Low level noise not considered nuisance

Question 16

What is meant by sensitivity?

Answer 16

If interference is RF, C’s use of land was not sensitive and D’s activity not a nuisance

Question 17

McKinnon v Walker

Answer 17

Non-sensitive plants would have been killed by nuisance, C’s use of land not sensitive

Question 18

Network Rail v Morris

Answer 18

Interference to music equipment not RF so was a sensitive use of land

Question 19

What is meant by reason?

Answer 19

If D had good reason for activity, or social benefits, unlikely to be nuisance

Question 20

Dennis v MoD

Answer 20

Training pilots is necessity, so activity not a nuisance

Question 21

What is meant by malice?

Answer 21

Where D’s activity is motivated by malice, likely to be nuisance

Question 22

Christie v Davey

Answer 22

D deliberately disrupted C’s music lessons, therefore was a nuisance

Question 23

What are the three remedies?

Answer 23

Damages
Injunctions
Abatement

Question 24

What is damages?

Answer 24

C claim compensation. Calculated on cost/fix or loss of value for loss of amenity.

Question 25

What is injunctions?

Answer 25

Court order to prohibit/restrict activity, not awarded if activity is benefit to society

Question 26

What is abatement?

Answer 26

Self help remedy for C to take reasonable steps to deal with nuisance

Question 27

What are the three defences?

Answer 27

Statutory authority Prescription Coming to the nuisance

Question 28

Statutory authority - Allen v Gulf Oil

Answer 28

Nuisance authorised by Parliament or other Public Body therefore C not able to sue

Question 29

Prescription - Sturges v Bridgman

Answer 29

If D carried out activity for 20y with no complaints, then becomes lawful if remains at that level

Question 30

Coming to the Nuisance - Fearn v Tate Modern Gallery

Answer 30

Where nuisance exists before C moves to land, D nah argue this defence however it is frequently rejected