Tort - Private nuisance

Question 1

Definition

Answer 1

Where an action will be taken because someones use or enjoyment of their property is affected by unreasonable use by a neighbour

Question 2

C and D - cases and factors

Answer 2

C - Must have a legal interest in land (Hunter v Canary Wharf
D:
Allow - Tetley v Chitty
Adopt - Sedleigh Denfield v O’Callaghan
Aware - Leakey v National Trust

Question 3

Unlawful question

Answer 3

In all of the circumstances, is it reasonable for the C to have to suffer the particular interference?

Question 4

Indirect exception

Answer 4

• Cannot claim right to view light
• Cannot claim TV interference (Hunter v CW)
• Can claim for emotional distress (Thompson-Schwab v Costaki)

Question 5

Extra defences: 1st

Answer 5

Moving nuisance - D can’t argue that the C has moved nuisance (Coventry v Lawrence)

Question 6

Extra Defences: 2nd

Answer 6

Prescription - Action carried on for at least 20 yrs with no complaint, D has right to continue (STurges v Bridgman)

Question 7

Extra defences: 3rd

Answer 7

Statutory Authority - If regulated or licensed by environmental or other laws, allowed.
- What Parliament intended (Allen v Gulf Oil Refining)
- Exclude claims of nuisance (Marcic v Thames Water)

Question 8

Statutory Authority continues

Answer 8

Planning Permission
- Does PP change nature of neighbourhood?
Y: no nuisance (Gillingham BC v Medway Dock)
N: nuisance (Wheeler v Saunders) can include sporting venues (Watson v Croft Promo-Sport)

Question 9

Factor: Locality?

Answer 9

Sturges v Bridgman - Character of neighbourhood

Question 10

Factor: Duration and time of nuisance?

Answer 10

Unreasonable time of year
- Short activity nuisance (Cruises v Kimbolton Fireworks)

Question 11

Factor: Social Benefit?

Answer 11

Community>Personal (Miller v Jackson)

Question 12

Factor: Sensitivity of C?

Answer 12

Particularly sensitive, not liable (Robinson v Kilvert)

Question 13

Factor: Malice?

Answer 13

Christie v Davey