Defences to private nuisance

Question 1

Prescription

Answer 1

if the action has been carried out for at least 20 years with no complaint then the defendant can be said to have a prescriptive right to continue
Sturges v Bridgman = complained about vibrations in his consultation room due to defendants machinery. however the defendants factory was there for over 20 therefore he had prescriptive right to continue

Question 2

Moving to the nuisance

Answer 2

D may argue that the C is only suffering the nuisance because C moved to the area and that there was no issue prior. However this is NOT a valid defence

Question 3

Statutory authority

Answer 3

Allen v gulf oil = D had been given statutory authority to buy the factory site but NOT to operate it. However courts said that it must’ve been parliaments intention to operate the factory when giving D authority to buy the factory and therefore the statutory defence succeeded.

Question 4

Remedies - injunction

Answer 4

generally a prohibitory order stopping someone for carrying out the nuisance.
It could be to order someone to install a filter or soundproof walls
The Shelfer test established that damages should only be awarded instead of an induction if:
-the injury to Cs rights was small
- C can be compensated by money
- a small payment is adequate
- it would be unfair on the D to grant an injunction

Question 5

Remedies - Abatement

Answer 5

Involves entering the defendants premises in order to prevent further nuisance. For example entering the defences land to chop off overhanging branches