Land

Question 0

Hunter v Canary Wharf

Answer 0

To sue in private nuisance the claimant must have a proprietary interest in the land (freeholders, tenants and occupiers in exclusive possession)

Question 1

Read v Lyons

Answer 1

Private nuisance is an unlawful interference with a person’s use or enjoyment of land

Question 2

Malone v Laskey

Answer 2

Neither children nor wife of owner-occupier of land can sue in private nuisance

Question 3

Hunter v Canary Wharf (types of nuisance)

Answer 3

(1) encroachment on neighbour’s land (permanent)
(2) direct physical injury to land
(3) interference with quiet enjoyment of the land

Question 4

Denfield v O’Callaghan

Answer 4

Interference in private nuisance must be unlawful. Unlawful means “substantial and unreasonable”

Question 5

Miller v Jackson

Answer 5

the longer the duration and frequency of the interference, the more likely the court will consider it to be unreasonable

Question 6

Robinson v Kilvert

Answer 6

In private nuisance, C’s claim will succeed only if the interference in question would have affected a normal user

Question 7

McKinnon Industries

Answer 7

In private nuisance, if it can be shown that the interference would have affected a normal user, all loss is recoverable, even if it is due to the abnormal sensitivity of the particular user

Question 8

Sturges v Bridgeman / Halsey v Esso

Answer 8

character of neighbourhood relevant in assessing what is a nuisance.
Prescription is defence to action in private nuisance if the interference has continued against C for at least 20 years

Question 9

Hollywood Silver Fox Farm

Answer 9

if there was malice on the side of the defendant, interference is more likely to be considered unreasonable