Private Nuisance 2B

Question 1

How is Private Nuisance defined?

Answer 1

An Indirect, substantial and unlawful interference with a person’s ordinary use or enjoyment of land.

Question 2

What is the first element of nuisance?

Answer 2

C is able to sue D (both parties are eligible)

Question 3

What case is used for deciding if C is eligible to sue for the first element?

Answer 3

Hunter v Canary Wharf

Question 4

What legal principle came from Hunter v Canary Wharf?

Answer 4

To be able to sue in nuisance, C must have a proprietary interest/ legal rights in the land being affected.

Question 5

What case is used for deciding if D is eligible to be sued for the first element?

Answer 5

Tetley v Chitty

Question 6

What legal principle came from Tetley v Chitty?

Answer 6

If the owner of the land is aware of the nuisance and has approved this then they are liable for the disruption.

Question 7

What is the second element of Private nuisance?

Answer 7

Indirect interference

Question 8

What two types to damage come under indirect interference?

Answer 8

non-physical and physical

Question 9

What case is used as an example for a physical damage?

Answer 9

Sedleigh Denfield v O’Callaghan

Question 10

What case is used as an example for a non physical discomfort, particularly noise?

Answer 10

Christie v Davey

Question 11

What case is used as an example for a non physical discomfort, particularly smell?

Answer 11

Wheeler v Saunders

Question 12

What is meant by continuing interference?

Answer 12

A natural hazard develops and D fails to take precautions to stop it interfering with other land.

Question 13

What case is used for continuing interference?

Answer 13

Leakey v National Trust

Question 14

What legal principle came from Leakey v National Trust?

Answer 14

Despite not causing the accident, the failure to do anything about it was enough for interference.

Question 15

What is the third element of Private Nuisance?

Answer 15

Is D affecting C’s common and ordinary use?

Question 16

What does ‘Sensitivity of C’s use’ mean?

Answer 16

It looks at whether C has only suffered due to some ‘abnormal sensitivity’ of their land/ use of it, or if the interference would have affected other people on that land the same way.

Question 17

What case is used for sensitivity of c’s use?

Answer 17

Network Rail Infrastructure Ltd. v Morris

Question 18

What was the outcome of NRI v Morris?

Answer 18

The business was abnormally sensitive therefore it was not affecting C’s common and ordinary use of the land and D is not liable.

Question 19

What is the law surrounding Recreational activities or ‘things of delight’?

Answer 19

C cannot sue if the thing being affected is merely a fun thing to do on the land rather than the fundamental use of it.

Question 20

What case is used for ‘things of delight’?

Answer 20

AG v Doughty

Question 21

What legal principle came from AG v Doughty?

Answer 21

Blocking a view is not interfering with the use or enjoyment of land.

Question 22

What is the second case used for ‘things of delight’?

Answer 22

Hunter v Canary Wharf

Question 23

What legal principle came from Hunter v Canary Wharf that relates to ‘things of delight’?

Answer 23

Watching TV is not using or enjoying LAND, it is a recreational activity.

Question 24

What is the fourth element of Private Nuisance?

Answer 24

Substantial Interference

Question 25

What case is used for substantial interference?

Answer 25

Halsey v Esso Petroleum

Question 26

What were the two indirect interferences in Halsey v Esso Petroleum?

Answer 26

Non-physical - loud noise and the smell Physical - Damage to paintwork.

Question 27

What is the rule about when physical damage is substantial?

Answer 27

Anything that causes physical damage is a substantial interference.

Question 28

What is the rule about non-physical damage being substantial?

Answer 28

Non-physical damage must make it physically unpleasant to be on the land to be substantial.

Question 29

What is the fifth element of Private Nuisance?

Answer 29

Unlawful Interference (is D's use common and ordinary?)

Question 30

What case is used for unlawful interference?

Answer 30

Fearn v Tate Gallery

Question 31

What legal principle came from Fearn v Tate Gallery?

Answer 31

There must be give and take between neighbours. Unless D's use goes beyond what is common and ordinary.

Question 32

What is the first factor we use to decide if D's use was common and ordinary?

Answer 32

Locality meaning - considering what is common and ordinary based on the area.

Question 33

What case is used for locality in the 5th element?

Answer 33

Sturges v Bridgman

Question 34

Why was D's use of the land in Sturges v Bridgman not common and ordinary for the area?

Answer 34

It was a factory in a predominantly quiet doctor's surgery area.

Question 35

What is the second factor used to decide if D's use was common and ordinary?

Answer 35

Duration - Considering when the interference happens and how long it lasts.

Question 36

What case is used for Duration in the 5th element?

Answer 36

Halsey v Esso Petroleum.

Question 37

Why would the duration of noise in Halsey v Esso Petroleum not be common or ordinary?

Answer 37

As it was overnight. It may be expected during the day but not in the middle of the night.

Question 38

What is the second case used for duration in the 5th element?

Answer 38

Crown River Cruises v Kimbolton Fireworks

Question 39

What was the legal principle in CRC v Kimbolton Fireworks?

Answer 39

Even a temporary interference can go beyond the common and ordinary use of the land but only if the interference is severe.

Question 40

What is the third factor used to decide if D's use was common and ordinary?

Answer 40

Malice - Does D have bad intentions?

Question 41

What case is used for Malice in the 5th element of Private nuisance?

Answer 41

Christie v Davey

Question 42

What was the legal principle from Christie v Davey in relation to Malice (in the 5th element)?

Answer 42

If D was trying to be a nuisance and had bad intentions then it cannot be considered as a common and ordinary use of the land.

Question 43

What are the two defences that can be used for Private Nuisance?

Answer 43

1. Prescription 2. Planning Permission

Question 44

What can apply instead if prescription fails?

Answer 44

Volenti non fit injuria (consent)

Question 45

What is meant by Prescription?

Answer 45

Where D has carried out the nuisance on C for 20 consecutive years, D is prescribed the right to continue that activity.

Question 46

What case is used for Prescription?

Answer 46

Sturges v Bridgman

Question 47

What legal principle came from Sturges v Bridgman in relation to Prescription?

Answer 47

D can only be prescribed the right if his act has been a clear nuisance for all twenty years.

Question 48

What does planning permission do?

Answer 48

Grants D a chance to show his use has become common and ordinary for the area.

Question 49

What case is used for Planning Permission?

Answer 49

Wheeler v Saunders

Question 50

What did the court say about planning permission in Wheeler v Saunders?

Answer 50

Planning permission itself does not change the locality, it just gives permission for D to try to change the locality. If he is unsuccessful and his use is still considered uncommon for that area, then D’s actions are still considered a nuisance.

Question 51

What are the 3 remedies for Private Nuisance?

Answer 51

Injunction Damages Abatement

Question 52

What is meant by an injunction?

Answer 52

Can make D stop doing something or can make D do something Can be : perpetual (stop activity completely Or Partial (limits what D can do)

Question 53

What can damages be used for?

Answer 53

Cover the cost of physical damage or to compensate non-physical situations if an injunction would not work.

Question 54

What is meant by an Abatement?

Answer 54

This means letting C do something to prevent the nuisance.