EXAM NOTES - Nuisance Flashcards
Define nuisance
unlawful activity that is harmful or noxious and interferes with another person’s rights, use or enjoyment of their land
- Read v J. Lyons
What does C need to sue in private nuisance?
proprietary/possessionary interest in the land affected
- Hunter v Canary Wharf
- Dobson v Thames Water
What can C recover for in nuisance
anything but PI
Transco v Stockport/Hunter v Canary Wharf
who can be sued for a private nuisance
- the creator
- the occupier
- the landlord
- the party in control of the land
what says the creator of the nuisance can be sued
Thomas v NUM
When can the occupier not be sued in private nuisance?
- nuisance caused by independent contractors BUT: Matania v National Province Bank can be sued sometimes if nuisance caused is reasonably foreseeable
- nuisance caused by previous owners
- nuisance caused by a trespasser unless adopted or continued by occupier Page Motors v Epsom BC
- nuisance caused by an unforeseeable act of nature eg Leakey v National Trust
when can the landlord be sued in private nuisance
if he rents the land for the activity that creates the nuisance eg Tetley v Chitty Go Kart Club
how can the party in control of the land be sued
eg Jones v Portsmouth CC sued because the council controlled the land even if it didn’t own it
what are the elements of a private nuisance claim
- indirect interference with use or enjoyment of land (indirect - Holbeck Hotel v Scarborough
- actual damage
- interference is unlawful
indirect interference examples
Sturges v Bridgman noise
Sedleigh-Denfield v O’Callaghan flood of water
actual damage types
- either property damage eg Lemmon v Webb from overhanging tree branches
- or SPD sensible personal discomfort eg St Helen’s Smelting v Tipping
what does unlawful mean? How is it judged?
unreasonable
- Bamford v Turnley; question of ‘live and let live’
- standard judged objectively St Helens v Tipping
- balances rights of D and C Sedleigh-Denfield v O’Callaghan flood case
- range of factors
what are the factors of unlawfulness
- character of neighbourhood
- public benefit from the nuisance
- time/duration/frequency
- abnormal sensitivity
- malice
- lack of care about causing a nuisance
does the court consider planning permission in nuisance claims
- do not authorise a nuisance Wheeler v JJ Saunders
- but may lead to a change in the area’s character Gillingham BC v Medway
are there any specific defences to a private nuisance claim
20 year prescription rule but very rare eg Sturges v Bridgman nuisance only developed after doctor’s surgery expansion so could not be used
define a public nuisance
an act or omission which materially affects the reasonable comfort and convenience of a group of people AG v PYA Quarries
- no interest in land needed Lyons v Gulliver
give some examples of public nuisance
- pollution Southport Corporation v Esso
- queueing on the highway Lyons v Gulliver blocking a tea shop
- picketing on a highway Thomas v NUM
- pigeons Wandsworth v Railtrack
what does C need to prove to bring an action in public nuisance?
1) part of a class of people that are affected
2) they have suffered some special damage or different damage beyond the rest of the group affected eg Lyons v Gulliver - tea shop owner lost custom due to the queue. Or Castle v St. Augustine Links Golf Club - C could sue because he was actually hit by a flowing golf ball
3) that their loss was material ie not trivial
What is distinctive about liability in Rylands?
strict liability - no need to prove intention or negligence
What does C need to sue in Rylands
- proprietary interest in land as with private nuisance Cambridge Water v Eastern Counties Leather and Transco v Stockport
- Can sue for a one-off spillage
Who can be sued for a Rylands tort?
anyone who has control over the land on which the dangerous thing is brought
- Rylands
What are the elements of a Rylands tort
- mischief
- non-natural user
- escape
- foreseeable
explain Rylands mischief
brings onto the land something likely to do mischief ie has an element of danger
- Rylands - water
- Cambridge Water v Eastern Counties Leather - Chemicals
- Hale v Jenning Bros - a funfair ride that broke and hit a neighbour
explain Rylands non-natural use
D brings onto his land something not naturally there - some special use Rickards v Lothian
1 E.g. chemicals Cambridge Water v Eastern Counties Leather
2 Water for a reservoir Rylands v Fletcher
3 Not domestic water – Rickards v Lothian and Transco v Stockport
4 Can change over time e.g. Musgrove v Pandelis full tank of petrol
5 Strict approach to fire LMS International v Styrene Packaging
explain Rylands escape
the mischief escapes beyond the boundaries of the land D controls
- Read v Lyons – C hurt in an explosion on D’s land so no escape
how does foreseeability work as an element of Rylands
- Cambridge Water v Eastern Counties Leather – the damage must be reasonably foreseeable, not necessarily the method of escape
what are the defences to Rylands
Normal +
- common benefit to both parties Peters v Prince of Wales Theatre - sprinkler system benefitted C so he could not claim
how do character of the neighbourhood, public benefit or time/duration/frequency affect whether a nuisance is unreasonable?
- character of neighbourhood Sturges v Bridgman but not relevant if no SPD St Helen’s Smelting v Tipping
- public benefit from the nuisance Adams v Ursell but high bar to get over eg Dennis v MOD
- time/duration/frequency - longer more frequent offences (Castle v St Augustine Links Golf Club) more likely to be nuisance than one off offences Bolton v Stone
How do malice, lack of care or abnormal sensitivity affect whether a nuisance is unreasonable?
- abnormal sensitivity eg Robinson v Kilvert sensitive paper cf McKinnon v Walker plants not sensitive
- malice eg Hollywood Silver Fox Farm v Emmett - can turn a lawful activity into a nuisance
- carrying out work without taking reasonable care eg Andrae v Selfridge
What can courts do if they want to control when a nuisance happens but not prevent it completely?
Kennaway v Thompson (speedboats on Lake Windemere) - issue partial injunction
can noise be a public nuisance?
yes - R v Shorrock
is moving to the nuisance a defence in public or private nuisance?
no, Miller v Jackson
How big must the class of people be for a public nuisance claim?
- can be small AG v Hastings
What kind of damage can be recovered for in public nuisance?
- any damage including PI and pure economic loss Rose v Miles
What defences rely on the actions of the claimant?
- C’s contributory negligence eg Froom v Butcher - failing to wear a seatbelt reduced C’s damages
- Default of the claimant (if the whole fault is C’s) Dunn v Birmingham
