Tort: Nuisance

Question 1

Case + Definition of Private Nuisance

Answer 1

Unlawful interference with another person’s use or enjoyment of land, or some right over it:
Read v Lyons 1945

Question 2

Does the claimant need a propriety inteterest in the property to bring a claim?

Answer 2

Yes.
Hunter v Canary Wharf 1997

Question 3

Definition + case for public nuisance

Answer 3

Affects a “class of subjects” + it is a criminal offence:
Attorney General v PPA Quarries 1957

Question 4

Reasonableness in Interference:
Is the use of land ordinary or is the defendant doing something non-ordinary?

Answer 4

Waters v Selfe 1851

Question 5

Reasonableness in Interference:
Are there planning permissions?

Answer 5

Wheeler v JJ Saunders 1996

Question 6

Reasonableness in Interference:
Nature of locality

Answer 6

Lawrence v Fen Tigers 2014

Question 7

Reasonableness in Interference:
Any physical damage to the property?

Answer 7

St Helens Smelting v Tipping 1993

If physical damage is present, its automaticaly actionable

Question 8

Reasonableness in Interference:
Is the defendant being malicious?

Answer 8

Christie v Davey 1893

Question 9

Reasonableness in Interference: How intense is the nuisance

Answer 9

Spicer v Smee 1946