Private nuisance

Question 1

Definition of Private nuisance

Answer 1

an unlawful, indirect interference with another person’s use or enjoyment of land in which they have an interest

Question 2

What must a claimant have to sue in Private nuisance?

Answer 2

must have an interest in the land affected by the nuisance - Hunter v Canary Wharf

Question 3

Who are the Defendants in PN?

Answer 3

Defendants include the occupier of the land, the creator of the nuisance, someone who adopted the nuisance; Tetley v Chitty

Question 4

2. PN

Answer 4

Only indirect interference gives rise to liability such as:
- noise Sturges v Bridgman Smoke
- fumes St Helens Smelting v Tipping
Interference can be damage to property OR interference with comfort or the enjoyment of land Halsey v Esso Petroleum

Question 5

3. PN

Answer 5

Interference must involve an unlawful (unreasonable) use of land. To assess unreasonableness court will consider:
- Locality; Sturges v Bridgman
- Duration; Crown River Cruises
- Abnormal sensitivity: of the claimant McKinnon v Walker
- The presence of malice: Hollywood Silver Fox Farm v Emmett
- Social Utility of D’s conduct: Dennis v MOD

Question 6

Potential defences in PN

Answer 6

• 20 years prescription, Sturges v Bridgman
• Statutory authority, Allen v Gulf Oil
• Consent
• NOT Planning permission alone

Question 7

Remedies in PN

Answer 7

Injunctions, damages, abatement - , Dennis v MOD