Unit 4b Prt 8: Public Nuisance

Question 1

What is the Damage?

Answer 1

A nuisance that materially affects the reasonable comfort of a class of her majesty’s subjects - AG v PYA Quarries

Question 2

Who can the claimant be?

Answer 2

Must be a considerable amount of people (not 4/5 people for example) - AG v PYA Quarries

Question 3

Who can the defendant be ?

Answer 3

Must be one who either 1.creates the nuisance ( Rees v Skerett)

2. Adopts the nuisance (Sedliegh v Dunfield)
3. Authorises the nuisance (Tetley v Chitty)

Question 4

Criminal/Tort

Answer 4

Can be both
Criminal - prosecuted by crown w/ criminal consequences (R v Johnson)
Tort - civil remedies ( castle v st augustine)

Question 5

Defences

Answer 5

Planning permission (Gillingham BC v Medway)

Statutory Authority (Allen v Gulf Oil)

Question 6

Remedies

Answer 6

Damages (Dennis v MoD)

Injunction (Miller v Jackson)

Community service (R v Johnson)

Courts have intention of balancing interests (Lyons v Gullivere)