Private Nuisance

Question 1

3 types of private nuisance

Answer 1

Physical injury to land
Substantial interference with enjoyment of land
Encroachment on a neighbours land

Question 2

Authority to distinguish physical injury and interference

Answer 2

St Helen’s Smelting Co v Tipping

Question 3

Authority for encroachment on land

Answer 3

Lemmon v Webb

Question 4

Authority for reasonable user

Answer 4

Sedleigh-Denfield v O’Callaghan

Question 5

Authority that can do anything as long as it’s reasonable

Answer 5

Hunter v Canary Wharf

Question 6

Authority that interference must be more than trivial

Answer 6

Banjamin v Storr

Question 7

Authority that personal discomfort is not enough unless is excessive

Answer 7

Waller v Selfe

Question 8

Authority that D’s use of land can be unreasonable even if they have taken all reasonable precautions

Answer 8

Rapier v London Tramways Co

Question 9

Authority that test is what, objectively a normal person would find it reasonable to put up with

Answer 9

Barr v Biffa Waste Services

Question 10

The five limbs to determine a reasonable user

Answer 10

Nature of locality
Duration and frequency of conduct
Utility of conduct
Abnormal sensitivity of C
Malice on part of D

Question 11

Authority that noise from a factory is less in an industrial area

Answer 11

Sturges v Bridgeman

Question 12

Authority that planning permission is not a defence

Answer 12

Coventry v Lawrence

Question 13

Authority that lack of other complaints can weaken a claim

Answer 13

Murdoch v Glacier Metal

Question 14

Authority that interference must go on for a substantial length of time

Answer 14

Conard v Anyifyre Ltd

Question 15

Authority that courts will grant injunctions for noise nuisance during the night

Answer 15

Keyser’s Royal Hotel Ltd v Spicer Bros Ltd

Question 16

Authority that physical damage will succeed even when temporary

Answer 16

Crown River Cruises Ltd v Kimbolton Fireworks Ltd

Question 17

Authority that Utility of D’s conduct can outweigh C’s need for an injunction

Answer 17

Miller v Jackson

Question 18

Authority that Abnormal sensitivity will not find an actionable nuisance

Answer 18

Robinson v Kilvert

Question 19

Authority that abnormal sensitivity applies once an actionable nuisance is found

Answer 19

McKinnon Industries Ltd v Walker

Question 20

Authority that interference in recreational activities can be actionable

Answer 20

Network Rail Infrastructure Ltd v Morris (t/a Soundstar Studio)

Question 21

Authority that malice creates liability

Answer 21

Christie v Davey

Question 22

Authority that C must have a right not he interfered with at all

Answer 22

Bradford Corp v Pickles

Question 23

Authority that only those with an interest in the land can sue

Answer 23

Malone v Laskey

Question 24

Authority that ‘tolerated trespassers’ can sue

Answer 24

Pemberton v Southwark LBC

Question 25

Authority that it does not matter if C had ownership when nuisance began

Answer 25

Delaware Mansions Ltd v Westminster City Council

Question 26

Authority that landlords can only sue where nuisance has harmed them in a permanent way

Answer 26

Jones v Llanrwst UDC

Question 27

ECHR said there is no distinction between those with and without proprietary rights

Answer 27

Khatun v Uk

Question 28

D does not have to occupy property from which nuisance emanates

Answer 28

Thompson v Gibson

Question 29

Occupier is liable if they exercise control over the creator of the nuisance

Answer 29

Matania v Provincial Bank

Question 30

Occupier liable if they are in control or possession of property

Answer 30

Cocking v Everett

Question 31

Occupier liable if they adopt or continue a trespasser’s nuisance

Answer 31

Sedleigh-Denfield v O’Callaghan

Question 32

No distinction between a nuisance caused by state of property and one caused by trespass

Answer 32

Page Motors Ltd v Epsom and Ewell Bc

Question 33

Occupier liable if they continue or adopt a nuisance created by an act of God

Answer 33

Goldman v Hargrave

Question 34

Occupier if creator predecessor in title and knew/ought to know about nuisance

Answer 34

St Anne’s Well Brewery Co v Roberts

Question 35

Landlord liable where the participate or authorise nuisance

Answer 35

Tetley v Chitty

Question 36

Reasonable foresight of nuisance not enough for landlord to be liable

Answer 36

Mowan v Wandsworth LBC

Question 37

Licensors are liable for actions of licensees

Answer 37

Lippiatt v South Gloucestershire CC

Question 38

Landlord liable if knew or ought to have known about nuisance before letting

Answer 38

Brew Bros Ltd v Snax (Ross) Ltd