Defences To Private Nusiance And Remedies

Question 1

2 defences

Answer 1

Statutory authority
Prescription

Question 2

Statutory authority case

Answer 2

Allan V golf oil

Question 3

What must a statutory authority be
Case

Answer 3

Wheeler V saunder

With reasonable regard to others

(Without intending to cause nuisance)

Question 4

What is statutory authority

Answer 4

Nuisance created by public body under legislative duty or power

Full defence if carried out with reasonable regard to others

Question 5

What is prescription

Answer 5

Gain the right to do something unlawful based on the fact you have done it that way for a while without rejection

Question 6

Prescription case

Answer 6

Lawrence V fen tigers

20 years from when nuisance started to effect C to claim is too much

Can move to nuisance and claim even if nuisance has been going for 20 years

Question 7

What are not defences

Answer 7

Mitigate situation - EG close window, wear headphones

Using care or skill - nuisance is nuisance

Question 8

Remedies

Answer 8

Damages
Injunction
Abatement

Question 9

Damages case

Answer 9

Hunter V Canary Wharf

Question 10

What are damages awarded for

Answer 10

Physical damage to land or building
Only recover losses that are reasonably foreseeable

Question 11

Injunction

Answer 11

Court order to control or prohibit activity

Question 12

Abatement

Answer 12

Self help remedy
Gives c right to take reasonable steps to deal with nuisance
Early given out