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Flashcards in Tort Law - Nuisance Deck (230):
1

Act on statutory nuisance

Environmental Protection Act 1990

2

What Part of the Environmental Protection Act 1990 allows a local authority to take enforcement action?

Part III

3

Part III Environmental Protection Act 1990

local authority can take enforcement action against a person whose premises are in a condition prejudicial to health

4

local authority can take enforcement action against a person whose premises are in a condition prejudicial to health

Part III Environmental Protection Act 1990

5

What is public nuisance a broad principle of?

Criminal liability

6

What is public nuisance based on?

An unlawful act or omission which endangers the life, safety, health, property or comfort of the public

7

An unlawful act or omission which endangers the life, safety, health, property or comfort of the public is the definition of what

Public nuisance

8

Who needs to be affected for a public nuisance claim?

A class of the public

9

Who typically brings public nuisance prosecution?

AG

10

When can an individual bring a civil claim for public nuisance?

If they have suffered damage above and beyond that suffered by the ordinary individual

11

If an individual brings a civil claim for public nuisance, what is the claim for?

Claim for special damage

12

AG v PYA Quarries general

Failed to distinguish from private

13

Failed to distinguish from private

AG v PYA Quarries

14

AG v PYA Quarries judgment

'Public' is a question of fact

15

What where the two suggested categories of people for public nuisance in AG v PYA Quarries?

Either a neighbourhood or so widespread that it is taken on the responsibility of the community at large

16

East Dorset DC v Eaglebean general'

'substantial'

17

East Dorset DC v Eaglebean judgment

'Substantial' number of houses affected = public nuisance

18

'Substantial' number of houses affected = public nuisance

East Dorset DC v Eaglebean

19

In re Corby Group Litigation general

De-contamination, disabled

20

De-contamination, disabled

In re Corby Group Litigation

21

In re Corby Group Litigation judgment

Public nuisance is not limited to damage to the land

22

What case showed public nuisance is not limited to damage to the land?

In re Corby Group Litigation

23

What is the primary penalty for public nuisance?

A fine

24

What is also possible as a penalty for public nuisance, apart from a fine?

An injunction

25

Why does public nuisance have more advantages than private nuisance claim?

Wider range of recoverable losses

26

Tate & Lyle v GLC general

Ferry terminals, silt, jetty

27

Ferry terminals, silt, jetty

Tate & Lyle v GLC

28

Tate & Lyle v GLC judgment

Mere obstruction of public navigation meant no private nuisance, but allowed public nuisance

29

What gave special damage and thus locus standi for individual to bring a claim in Tate & Lyle v GLC?

Cost of dredging

30

What two possible remedies can C claim in private nuisance?

Damages or injunction

31

Hunter v Canary Wharf general

TV signal and dust

32

What case shows only those with exclusive possession can bring a private nuisance claim?

Hunter v Canary Wharf

33

Hunter v Canary Wharf judgment on locus standi for private nuisance

only those with exclusive possession can bring a private nuisance claim

34

TV signal and dust

Hunter v Canary Wharf

35

What judge in the minority referred to the UN Convention on Rights of the Child in Hunter v Canary Wharf?

Lord Cooke

36

Why did Lord Cooke dissent in Hunter?

Should think broadly on who can sue in nuisance, anxious about discriminating against those without property interests

37

What judge in what case was anxious about private nuisance discriminating against those without property interests?

Lord Cooke in Hunter

38

What case shows that private nuisance is a tort against LAND?

Hunter

39

What judge in what case emphasised how, although private nuisance must related to land, we should think about damage to the AMENITY value of the land?

Lord Hoffmann in Hunter

40

Two cases on reasonable user for private N

Hunter; Bridlington Relay v Yorkshire Electricity Board

41

Hunter v Canary Wharf on reasonable user

TV claim failed because D, as a matter of law, could put up the building

42

Why did the judges suggest in Hunter that in other circumstances TV claim might succeed?

TV use now ordinary and part of daily life

43

What case can Hunter be contrasted with on reasonable user?

Bridlington Relay v Yorkshire Electricity Board

44

Bridlington Relay v Yorkshire Electricity Board general

TV signal interference

45

Bridlington Relay v Yorkshire Electricity Board judgment

TV purely recreational so not important enough to count as nuisance

46

What case enforces the importance of locality to determine reasonable user for private nuisance?

St Helen's Smelting v Tipping

47

St Helen's Smelting v Tipping general

Smelting factory damaging garden

48

Smelting factory damaging garden

St Helen's Smelting v Tipping

49

St Helen's Smelting v Tipping judgment

Locality irrelevant for physical injury but relevant if 'sensible personal discomfort'

50

What is an advantage of St Helen's Smelting v Tipping?

Considers public interest, e.g. inconvenience is necessary for town benefit

51

What case doubts the decision in St Helen's Smelting v Tipping?

Hunter

52

How does Hunter cast doubt on St Helen's Smelting v Tipping?

Both physical injury and loss of amenity amounted to a property interest interference, so same test (e.g. locality) should apply to both

53

What case suggested both physical injury and loss of amenity amount to a property interest interference?

Hunter

54

Sturges v Bridgman general

Belgrave Square

55

Surges v Bridgman judgment on locality

'what is a nuisance in Belgrave Square is not necessarily a nuisance in Bermondsey'

56

'what is a nuisance in Belgrave Square is not necessarily a nuisance in Bermondsey'

Sturges v Bridgman

57

What case affirmed St Helen's?

Sturges v Bridgman

58

Lawrence v Fen Tigers Ltd general

Car and bike racing

59

Car and bike racing

Lawrence v Fen Tigers Ltd

60

Lawrence v Fen Tigers Ltd judgment on locality

Look at established pattern of use rather than monochrome categorisation of localities

61

What case was critical of the basic distinction between a residential or industrial locality?

Lawrence v Fen Tigers Ltd

62

Haley v Esso Petroleum general

Immunity

63

Haley v Esso Petroleum judgment

Suitable activity for locality is not an immunity

64

What case enforced that suitable activity for locality is not an immunity?

Haley v Esso Petroleum

65

What case gives the basic position on coming to the nuisance for private N?

Sturges v Bridgman

66

Sturges v Bridgman on coming to the nuisance

Irrelevant who was there first

67

Lawrence v Fen Tigers on coming to the nuisance

Per Lord Neuberger, may be different if new occupier changes the use of the land

68

In what case did what judge suggest the basic rule on coming to the nuisance may be different?

Lawrence v Fen Tigers, per Lord Neuberger

69

Lord Neuberger in Lawrence v Fen Tigers

Basic rule on coming to the nuisance may be different if new occupier changes the use of the land

70

Miller v Jackson general

Cricket club

71

Cricket club

Miller v Jackson

72

Miller v Jackson judgment

Irrelevant if cricket grounds there first - coming to the nuisance test for private N

73

What was the award in Miller v Jackson?

No injunction, just damages

74

Khorasandjian v Bush general

Nuisance PHA

75

Khorasandjian v Bush judgment

Threw doubt on requirement of nuisance of being a tort against land - called it 'ridiculous'

76

Nuisance PHA

Khorasandjian v Bush

77

What case confirmed the need for nuisance to be against land?

Hunter v Canary Wharf

78

Lord Hoffmann in Hunter on tort against land

Nuisance not for personal discomfort but injury to land, so that utility is diminished by the nuisance

79

Nolan on tort against land

PN is a property tort no there is no protection of personal interests

80

Robinson v Kilvert general

Brown paper, heat

81

Brown paper, heat

Robinson v Kilvert

82

Robinson v Kilvert judgment

Extraordinary and sensitive use can't be considered

83

Network Rail v Morris general

Amplifiers and signalling

84

Amplifiers

Network Rail v Morris

85

Network Rail v Morris judgment

Look to reasonableness and foreseeability when determining relevance of sensitivity - very vague language

86

What case shows a retreat from Robinson v Kilvert?

Network Rail v Morris

87

Who regards malice as having dubious value in nuisance?

Gearty

88

Christie v Davey general

Music teacher

89

Music teacher

Christie v Davey

90

Hollywood Silver Fox v Emmett general

Vixens

91

Hollywood Silver Fox v Emmett judgment

Motive can make an otherwise lawful act a nuisance

92

Motive can make an otherwise lawful act a nuisance

Hollywood Silver Fox v Emmott

93

Name a case which showed motive in nuisance is determinative

Hollywood Silver Fox v Emmott; Christie v Davey

94

What judge in what case stated that malice is a general principle in the law of nuisance?

Lord Cooke in Hunter v Canary Wharf

95

Bradford Corp v Pickles general

Reservoir diverting

96

Bradford Corp v Pickles judgment

P can do what he did, motive is irrelevant

97

What case suggested motive was irrelevant in considering nuisance?

Bradford Corp v Pickles

98

How does Taggart reconcile Pickles and Silver Fox?

Pickles stops someone receiving something they have no right to get, but Silver Fox about unwanted interference

99

How could Pickles and Silver Fox be reconciles based on pockets?

Pickles a specific rule regarding to water courses

100

What supports the view of Pickles as being a specific rule on water courses?

North J sat in both Christie v Davey and Pickles

101

What judge sat in both Christie and Pickles?

North J

102

How do Winfield and Jolowicz reconcile Pickles and Silver Fox?

Right to make noise is relative, but water rights are absolute

103

How does Gearty reconcile Pickles and Silver Fox?

Reconcile on duty of care/not to injure - not present in Pickles

104

What case suggested PB is irrelevant for nuisance?

Bamford v Turnley

105

Bamford v Turnley general

Brick kiln, employment but smoke and smell

106

What was the PB alleged in Bamford v Turnley

Building and employment from making the bricks

107

What is the idea of public benefit in nuisance being irrelevant?

In Bramwellian terms (from Bamford v Turnley), PB only if profitable AFTER paying compensation to those injured - only economically efficient activity

108

Dennis v MoD general

RAF

109

RAF

Dennis v MoD

110

In what case was PB relevant to the remedy only?

Dennis v MoD

111

Shelfer v City of London on PB

Per Lindley J, if private rights should be extinguished for PB, leave it to P

112

What judge in what case stated that if private rights should be extinguished for PB, leave it to P?

Shelfer v City of London per Lindley J

113

What in nuisance is an unusual example of liability for omission?

Adopting/continuing the nuisance

114

Sedleigh-Denfield v O'Callaghan general

Pipe, grill

115

Pipe, grill

Sedleigh-Denfield v O'Callaghan

116

Sedleigh-Denfield v O'Callaghan judgment

Knew or ought to have known of problem but did nothing

117

Lambert v Barratt

Only reasonable steps requiring to end a nuisance that is continuing (e.g. Sedleigh-Denfield v O'Callaghan)

118

Only reasonable steps requiring to end a nuisance

Lambert v Barratt

119

Why is it possible they relied on nuisance in Sedleigh-Denfield?

Reluctance to impose positive duty to prevent harm to 3rds

120

Leakey v National Trust general

Hill landslides

121

Hill landslides

Leakey v National Trust

122

Leakey v National Trust judgment

Sedleigh applies despite natural event - take reasonable steps, but consider money available

123

What case showed consideration is taken of money available to D in nuisance?

Leakey v National Trust

124

Who said that Leakey robs nuisance of any meaning independent of negligence?

Gearty

125

Coventry v Lawrence (No.2) general

Motor-racing circuit, tenant

126

Coventry v Lawrence (No.2) judgment

Narrow liability for landlord - direct participation or authorisation through virtual certainty

127

What case gives narrow liability of landlord in nuisance?

Coventry v Lawrence (No.2)

128

What cases conflict on the requirement of nuisance to relate to use of D's land?

Hussain v Lancaster; Lippiatt v South Gloucestershire Council

129

Hussain v Lancaster general

Shop, estate, harassment

130

Shop, estate, harassment

Hussain v Lancaster

131

Hussain v Lancaster judgment

Nuisance based on land, not personal conduct so no claim

132

Lippiatt v South Gloucestershire Council general

Travellers causing damage

133

Travellers causing damage

Lippiatt v South Gloucestershire Council

134

Lippiatt v South Gloucestershire Council judgment

Nuisance arose out of land, which is enough

135

How can we reconcile Hussain and Lippiatt?

Hussain trying to sue landlord, but conditions from Coventry not satisfied - Lippiatt is leading case for liability in inviting nuisance guests

136

What is the liability in nuisance generally?

Strict

137

What case suggests a more receptive stance in consideration of fault in regard to damages?

Coventry v Lawrence

138

Why is the foreseeability requirement in nuisance not the same as that in negligence?

Reasonable care is not reasonable use

139

St Helen's Smelting v Tipping on fault

Irrelevant using all technology available to minimise pollution

140

Irrelevant using all technology available to minimise pollution

St Helen's Smelting v Tipping

141

What case suggests nuisance covers isolated escapes?

British Celanese v Hunt

142

British Celanese v Hunt general

Electrical substation, metal strips

143

Electrical substation, metal strips

British Celanese v Hunt

144

British Celanese v Hunt judgment

Nuisance despite isolated escape

145

Anglian Water v Crawshaw

Amenity damage claim in nuisance doubtful to support a parallel negligence claim

146

Anglian Water v Crawshaw

Amenity damage claim in nuisance doubtful to support a parallel negligence claim

147

When does fault appear to be relevant in nuisance?

If there is an isolated escape or adoption/continuation of a nuisance

148

Goldman v Hargrave general

Red-gum tree

149

Goldman v Hargrave judgment

Take into account effort D would have had to make and personal conditions

150

What judge in what case suggested that label of neglience/nuisance is irrelevant?

Lord Wilberforce in Goldman v Hargrave

151

Leakey v National Trust on fault

Only broad assessment of financial positions, not a close analysis

152

Take into account effort D would have had to make and personal conditions

Goldman v Hargrave

153

Only broad assessment of financial positions, not a close analysis for fault

Leakey v National Trust

154

Delaware Mansions v Westminster CC on fault

Emphasised foreseeability for fault in adopting/continuing a nuisance

155

What case suggested a broader approach to fault in nuisance?

Network Rail v Morris - look at foreseeability and reasonableness

156

Two remedies available for nuisance claim

Damages or injunction

157

What do damages aim to do

Compensate for loss of value caused by nuisance

158

In re Corby Group

No claim for death/personal injury in private nuisance

159

What case showed No claim for death/personal injury in private nuisance

In re Corby Group

160

Delaware Mansions v Westminster general

Tree roots

161

Delaware Mansions v Westminster judgment

Recover cost of remedial work and reduction in value

162

What case suggested damages can include cost of remedial work AND reduction in value?

Delaware Mansions v Westminster

163

Hunter v Canary Wharf on damages

Per Lord Hoffmann, don't compare with personal injury loss of amenity but loss of amenity in BoC claims for contracts for personal satisfaction (e.g. Huxley)

164

What judge said damages in nuisance shouldn't compare with personal injury loss of amenity but loss of amenity in BoC Cs for personal satisfaction?

Lord Hoffmann in Hunter

165

What case made it clear damages not increased in nuisance by more occupants

Hunter v Canary Wharf

166

Lord Cairn's Act 1858 s.2

Damages in addition to or substitute for injunction/specific performance

167

What Act allows damages in addition to or substitute for injunction/specific performance

Lord Cairn's Act 1858 s.2

168

Wagon Mound (No.2) general

Sydney Harbour oil spill

169

Wagon Mound judgment

Privy Council find remoteness rule same for public and private nuisance - foreseeable KIND of damage

170

From what case is the test of remoteness in nuisance?

Wagon Mound No.2

171

What is the test of remoteness for nuisance

Foreseeable kinds of damage

172

Why is the remoteness rule from Wagon Mound controversial?

Liability not based on foreseeability so why should remoteness

173

Cambridge Water v Eastern Counties on injunctions

Fault is irrelevant

174

Kennaway v Thompson general

Powerboat racing 75 decibels

175

What case shows courts can impose injunctions with specific conditions?

Kennaway v Thompson

176

What case shows fault is irrelevant for injunctions?

Cambridge Water v Eastern Counties

177

Powerboat racing 75 decibels

Kennaway v Thompson

178

What Rules enforce that injunctions are discretionary and equitable?

Rules of the Supreme Court

179

What is the original test for damages in place of injunction and from what case?

Shelfer v City of London - harm is small, capable of estimation in and adequately compensated by money and oppressive to grant an injunction

180

Pennington v Brinsop general

£190,000, 500 jobs, just £100 a year for C

181

Pennington v Brinsop judgment

Damage to D through injunction not considered

182

Isenberg v East India

Shows reluctance to grant mandatory injunctions

183

What case shows a reluctance to grant mandatory injunctions?

Isenberg v East India

184

Shoreham v Dolphin

Courts can suspend an injunction to allow D to alleviate a nuisance

185

What case shows Courts can suspend an injunction to allow D to alleviate a nuisance

Shoreham v Dolphin

186

Miller v Jackson general

Cricket

187

What was the remedy in Miller v Jackson and why?

Damages because injunction inappropriate (Denning)

188

Dennis v MoD remedy

Damages over £900,000

189

What case shows a significant departure from Shelfer?

NDennis v MoD

190

What is it argued the case of Dennis v MoD and particularly its remedy was influenced by?

Need to comply with human rights law

191

Watson v Croft Promo-Sport

Return to Shelfer

192

What case showed a return to Shelfer on injunctions - rigid?

Watson v Croft Promo-Sport

193

Lawrence v Fen Tigers on injunctions

Don't follow Shelfer slavishly

194

Sumption and Clark in Lawrence v Fen Tigers

No injunction if authorised by planning permission

195

What judges in Lawrence took a more radical view on injunctions?

Sumption and Clark

196

What judge in Lawrence was concerned about the ordinary home-owner in regard to Sumption and Clark suggesting no injunction if planning permission?

Mance

197

Who gives points for and against injunctions given as a matter of course?

Tromans

198

Name some of the reasons Tromans gives for injunctions as a matter of course?

Hard to work out damages, gives D ability to purchase nuisance, protects the weak and damages offer no incentive to improve the situation

199

name some of the reasons Tromans gives against injunctions as a matter of course

Can be too blunt, economic efficiency and liability may be denied to avoid injunctions

200

What is an alternative limited remedy to nuisance if public authority involved?

HRA 1998 if interference with Article 6, breaching s.6

201

What does the remedy under HRA 1998 need to be?

Necessary for just satisfaction to C

202

McKenna v British Aluminium general

HRA

203

McKenna v British Aluminium judgmen

Neuberger suggested court may depart from Hunter to avoid Article 8 inconsistency in general, displaying standing requirement

204

What case suggested court may depart from Hunter to avoid Article 8 inconsistency in general, displaying standing requirement?

McKenna v British Aluminium

205

Name the five possible defences to nuisance

Coming to the nuisance, volenti, prescription, statutory authority and planning permission

206

Sturges v Bridgman general

Mortar and pestle

207

Sturges v Bridgman judgment

Coming to the nuisance irrelevant for public policy

208

Mortar and pestle

Sturges v Bridgman

209

Lawrence v Fen Tigers per Neuberger on coming to the nuisance

May be different if changes the use of the land

210

What case suggested coming to the nuisance may be relevant if changing the use of the land

Lawrence v Fen Tigers

211

Miller v Jackson on coming to the nuisance

No injunction - suggests it has an impact on remedy

212

What two cases suggest a volenti offence applies in nuisance?

Leakey v National Trust; Lawrence v Fen Tigers

213

what seemed to suggest volenti applies in nuisance in Lawrence v Fen?

Jackson LJ emphasised C should have known of activity before purchase, suggesting defence applied

214

What is prescription?

Nuisance for 20 years and C had knowledge

215

Why was there no prescription defence in Sturges v Bridgman?

Wasn't a nuisance for 20 years

216

What kind of defence is statutory authority?

Complete

217

Allen v Gulf Oil

Statutory authority complete defence if not done negligently

218

Statutory authority complete defence if not done negligently

Allen v Gulf Oil

219

Hatton v UK general

Night flying Heathrow

220

Night flying Heathrow

Hatton v UK

221

Hatton v UK judgment

Statutory authority subject to review in accordance with HR law

222

What case showed PP irrelevant in assessing nuisance?

Lawrence v Fen Tigers

223

When did Neuberger suggest PP may be relevant in nuisance, and in what case?

If very specific conditions, Lawrence v Fen Tigers

224

What judge dissented on relevance of PP in Lawrence v Fen Tigers?

Carnworth

225

What did Carnwiorth say in Lawrence v Fen?

PP may be of strategic importance so should be considered

226

Planning Act 2006

Any development approved thereunder has statutory authority defence, but s.158 allows compensation claim

227

What statute gives statutory authority defence to any development approved thereunder?

Planning Act 2006

228

S.158 Planning Act 2006

Allows compensation claim when statutory authority defence given

229

Lough v First Secretary general

PP and HRA

230

Lough v First Secretary judgment

Although blocking consideration of PP may violate Article 8 ECHR, proper compliance with procedures usually means no infringement

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