Private Nuisance and Rylands v Fletcher Flashcards
(32 cards)
What was the main issue in Hunter v Canary Wharf [1997]?
High rise buildings prevented TV signal to flat
C must have a legal interest in the affected land.
In Tetley v Chitty [1986], what must the defendant do to be liable for nuisance?
D must create the nuisance or allow it to continue.
What caused the nuisance in Cocking v Eacott [2016]?
Daughter’s barking dog caused a nuisance.
What factor do courts consider regarding location in Barr v Biffa [2012]?
The courts will take into account the character of a location.
What was significant about the timing of Coventry v Lawrence [2014] SC?
Racetrack existed before the residents’ homes.
In St Helen’s Smelting v Tipping [1865] HL, what does location become irrelevant to?
Location is irrelevant when physical damage is caused.
What type of event can amount to a nuisance according to Crown River Cruises v Kimbolton [1996]?
Even a one-off event can amount to a nuisance.
What was the ruling regarding low-level noise in Murdoch v Glacier Metal [1998]?
Low level noise is unlikely to be unlawful.
What was the issue in Bridlington Relay v Yorks Electricity [1965]?
Overhead power cables interfered with TV signal.
What does extra sensitive use imply in the context of nuisance?
Extra sensitive use can be claimed if ordinary use would also cause damage.
What was the impact of the test for sensitivity in Network Rail v Morris [2004]?
The test for sensitivity is now one of reasonable foreseeability.
What was significant about the case Fearn v Tate Gallery [2023] SC?
Important case on various elements of unlawfulness (LDDSRM).
What does social utility mean in the context of damages in Dennis v Ministry of Defence [2003]?
Social utility means that damages might be awarded.
What type of activities are likely to amount to a nuisance according to Christie v Davey [1893]?
Activities motivated by malice are likely to amount to a nuisance.
What was the outcome in Hollywood Silver Fox Farm v Emmett [1936]?
Foxes miscarried following gunshot into the air.
What does the case Allen v Gulf Oil [1981] illustrate about statutory authority?
Where Parliament authorises it, the nuisance continues.
What statutory requirement is highlighted in Marcic v Thames Water [2004] HL?
A statutory requirement for ADR must be followed.
What was the ruling in Miller v Jackson [1977] regarding cricket balls?
No injunction was granted to ensure tradition continued.
What does a partial injunction do according to Kennaway v Thompson [1981]?
A partial injunction limits but doesn’t stop D’s activity.
What does the case The Wagon Mound [1966] establish about foreseeability?
C’s losses must be reasonably foreseeable.
What damages were caused by the oil refinery in Halsey v Esso [1961]?
Damages for loss of amenity represent the loss in value of the land.
What was the main issue in Rylands v Fletcher [1868]?
D’s reservoir flooded C’s mine.
What does an accumulation refer to in Giles v Walker [1890]?
An accumulation is a naturally occurring ‘gathering’.
What happened in Hale v Jennings [1938]?
A fairground attraction chair flew off ride.
