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
