Private nuiscance

Question 1

Definition of private nuisance

Answer 1

An indirect, substantial, and unlawful interference with a person‘s ordinary use or enjoyment of the land

Question 2

Elements of the tort private nuisance

Answer 2

1. C must be able to sue D
2. indirect interference
3. interference with C‘s common and ordinary use of the land
4. Interference must be substantial
5. interference must be unlawful

And there must be no defences

Question 3

Hunter v Canary Wharf

Answer 3

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

Question 4

Tetley v Chitty

Answer 4

Usually, the creator of the musicale is the one sued, but under the right circumstances, it can be the owner or the occupier of the land.

Question 5

Sedleigh Denfield v O‘Callaghan

Answer 5

Physical damage (e.g flooding)

Question 6

Christie v Davey

Answer 6

Non-physical discomfort: loud noise

Question 7

Wheeler v Saunders

Answer 7

Non-physical discomfort: bad smells

Question 8

What is meant by continuing interference

Answer 8

This is when a natural hazard develops and D fails to take precautions to stop it interfering with other land

Question 9

Leakey v National Trust

Answer 9

Failure to do anything about the hazard was enough for interference

Question 10

Sensitivity of D‘s use

Answer 10

Has the claimant suffered due to ‚abnormal sensitivity‘ of their use to the land or would other people have suffered too.

If there’s abnormal sensitivity then there is no nuisance.

Question 11

Recreational activities

Answer 11

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

Question 12

Network Rail Infrastructure Ltd v Morris

Answer 12

Abnormal sensitivity

Question 13

AG v Doughty

Answer 13

D blocked C‘s pleasant view- recreational activity

Question 14

Hunter v Canary Wharf (recreational activity)

Answer 14

Watching TV does not count as the common and ordinary use of the land

Question 15

Halsey v Esso Petroleum

Answer 15

Substantial interference (smell and damage)

Question 16

What is the rule about when physical damage is substantial?

Answer 16

Anything that causes physical damage is enough to be substantial interference

Question 17

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

Answer 17

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

Question 18

Fearn v Tate Gallary

Answer 18

There must be give and take between neighbours and the key question is about whether D‘s use goes beyond what is common and ordinary

Question 19

Locality

Answer 19

Considering what is common and ordinary based on the area

Question 20

Sturges v Bridgman

Answer 20

D‘s use of the land was not common and ordinary as his shop was not in the right place (locality)

Question 21

Duration

Answer 21

Considering when the interference happens and how long it lasts

Question 22

Halsey v Esso Petroleum

Answer 22

D‘s use of the land was not common and ordinary at night (duration)

Question 23

Crown River Cruises Ltd v Kimbolton Fireworks Ltd

Answer 23

Even a temporary interference can go beyond ordinary, if the interference is sincere

Question 24

Malice

Answer 24

Bad intention

Question 25

Christie v Davey

Answer 25

When D deliberately tried to interfere with C

Question 26

Defences

Answer 26

-prescription/violent non fit injuria - Planning permission

Question 27

Prescription

Answer 27

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

Question 28

Wheeler v Saunders (Planning permission)

Answer 28

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

Question 29

Sturges v Bridgman (prescription)

Answer 29

D can only be prescribed the right of his act has been a nuisance for 20 years+

Question 30

Injunction

Answer 30

- can make D stop doing something or make D do something - can also be ‚perpetual‘ which asks D to stop the activity completely - or partial, which just limits what D can do

Question 31

Damages

Answer 31

Covers the code of physical damage or to compensate non-physical situations if an injunction would not work

Question 32

Abatement

Answer 32

Letting C do something to prevent the nuisance (e.g letting C cut down branches from D‘s tree)

Question 33

Coventry v Lawrence (remedies)

Answer 33

Example of damages as a remedy