#Exam 2(2)-Nuisance Flashcards
what are the two types of nuisance
public and private
what are features of public nuisance
class of people affected
claimant does not need interest
it can arise from activity not related to land
injunction and property damage can be claimed as well as PI
features of private nuisance
one person affected
claimant requires proprietary interest
Nuisance arises from unreasonable land use
injunction and damages awarded
two requirements to show public nuisance
class of people claimant must have special damage
attorney general v PYA quarries
nuisance in 30 homes
should not expect just one person to stop it
castle v St augustine links
car windscreen hit by golf ball
those with injury over public can sue
corby group litigation v Corby borough council
personal injury can be claimed
Halsey v Esso Petroleum CO LTD
Car paintwork damaged . claim can be made under both nuisances
what are the parts to private nuisance
must be parties to an action
unlawful interference
that is unreasonable
what must claimant be
must have interest in land
not member of family
what must defendant be
responsible for creating nuisance
adopting nuisance
natural causes but failure to deal with
does not need proprietary interest
sedleigh denfield v o callaghan
council fitted pipe which caused blockage
as monks aware then they still liable
leakey v national trust
landslide damages cottage
should have prevented nuisance
what does unlawful mean
does not mean illegal but that it was unreasonable
what are examples of indirect interferences
fumes smell noise vibrations fire oily smuts cricket balls in garden
what is not an example of nuisance
TV signal
views
Hunter v Canary wharf
loss of tv signal is not an interference
what can be considered under nuisance
emotional distress
thompson schwab v costaki
brothel in residential area amounted to nuisance
what are the factors of reasonableness
malice sensitivity nature of area time of week duration social benefit
what is malice
deliberately harmful act is unreasonableness
christie v davey
claimant was music teacher with loud music
defendant maliciously banged against the wall
what is sensitivity
if someone is particularly sensitive then not a nuisance
Robinson v Kilvert
paper dried out
sensitive so not a nuisance
network rail infrastructure v morris
recording studio sensitive so not nuisance
nature of area and time and day impact nuisance how ?
area and time will impact whether something is considered a nuisance or not
duration
if a nuisance does not have long duration then it will be less likely considered a nuisance
crown river cruises v Kimbolton fireworks ltd
20 min firework display still considered a nuisance
what are defences to nuisance
prescription
consent
planning permission
statutory authority
what is perscription
if something has been put up with for 20 years it is no longer a nuisance
sturges v Bridgman
no prescription, nuisance only began once the room had been built
allen v gulf oil refining
given statutory authority so not allowed to claim
marcic v thames water plc
flooding property
parliament allows for sewage
wheeler v saunders
planning permission could not be used for smelly pigs
coventry v lawrence
couldn’t use planning permission as a defence to build a motor track there.
what are remedies in nuisance
injunction
abatement
