Defences to private nuisance Flashcards
What are the 3 defences to nuisance?
- Prescription
- Statutory authority
- Planning permission
Name the defence that may be argued by D but is NOT a defence?
- Moving to the nuisance
What is the prescription defence?
Where an action has carried on for 20 years and there have been no complaints between parties during the time
- D has the right to continue
Name the case for prescription where the defence FAILED
Sturges v Bridgman
What were the main facts + outcome of Sturges v Bridgman?
Vibrations from D’s machinery disturbed C who bought land next door and was using it as a doctors consulting room
Why did the defence for Sturges v Bridgman fail? (what was held)
Nuisance only began when C’s consulting room was built
Name the case where defence of prescription was successful
Coventry v Lawrence
What is the statutory authority defence?
where an act of Parliament has given D permission to cause nuisance/prevents liability
What is the case for statutory authority where liability was prevented?
Marcic v Thames Water PLC
What were the main facts of Marcic v Thames Water PLC?
Through the failures of D’s , c’s home became flooded with sewage on many occasions
What did the HoL state about Marcic v Thames? (HELD)
The Water Industry Act 1991 provided the appropriate remedies and excluded an action in nuisance
- ‘Act’ - prevented liability
What has to happen for planning permission to be a defence?
Has to change the character of the neighbourhood
Name the successful defence case for planning permission
Gillingham v Medway
What were the main facts of Gillingham v Medway?
Planning permission was granted to D’s to use dockyard as a commercial port, neighbours suffered a disturbance from the heavy vehicles
Name the case where planning permission defence was unsuccessful
Wheeler v Saunders
What is social utility?
Where nuisance may be benefitting the community
Is social utility a defence to liability?
Social utility is not a defence against liability
Name the case for social utility
Miller v Jackson
What were the main facts of Miller v Jackson
C’s use of their garden was disrupted by cricket balls being hit into it. D’s tried to compromise by erecting higher fences and instructing batsmen to hit towards the ground but C continued to take legal action
What was held for Miller v Jackson?
The community’s beneficial use of the ground outweighed the private use and the court refused an injunction
What is the shelfer test?
Damages given over injunction where:
- Injury to C is small
- C can be compensated for a small amount
When may the shelfer test be used?
When its unfair to grant an injunction so instead damages are granted
