Nuisance

Question 1

Who can sue in private nuisance?

Answer 1

Claimant must have a legal interest in land.

Question 2

Which types of damage are recoverable in private nuisance?

Answer 2

1. Physical damage.
2. Sensible personal discomfort.
3. Consequential economic loss.

Question 3

What are the four elements of a claim in private nuisance?

Answer 3

1. Indirect interference with enjoyment of the land.
2. Loss in the form of recognised damage.
3. Continuous (with exceptions).
4. Unlawful interference.

Question 4

In private nuisance, what might the court consider when deciding whether an interference is unlawful?

Answer 4

Time and duration. Locality. Malice. Lack of care. Public benefit.

Question 5

The defence of prescription is available for which types of nuisance claim?

Answer 5

Private nuisance only.

Question 6

Statutory authority is the most common defence for which type of nuisance claim?

Answer 6

Public nuisance, but available for all types.

Question 7

Which remedies are available for private nuisance?

Answer 7

Full or partial injunction, damages (in lieu of injunction for SPD only) or abatement.

Question 8

Which types of damage can be claimed under the rule in Rylands v Fletcher?

Answer 8

1. Property damage.
2. Consequential economic loss.

Question 9

What are the five elements of a claim under Rylands v Fletcher?

Answer 9

1. D voluntarily brings on to the land and accumulates;
2. For their own purposes, anything likely to do mischief if it escapes.
3. There must be an escape from land which D controls to land which D does not.
4. The escape causes foreseeable harm.
5. There must be a non natural use of the land.

Question 10

When can an individual bring a claim in public nuisance?

Answer 10

If they have suffered ‘special damage’ - either over and above that suffered by the rest of the class or a different type of damage.

Question 11

Personal injury can be claimed for in an action for which type of nuisance?

Answer 11

Public nuisance.

Question 12

Which types of damage can you claim for in public nuisance?

Answer 12

1. Property damage.
2. Consequential economic loss.
3. Personal injury.
4. Pure economic loss.
5. Inconvenience if more than trivial.

Question 13

What are the elements of a claim in public nuisance?

Answer 13

1. There must have been an act or omission.
2. Which affects a class of HM’s subjects.
3. It materially affects their comfort and convenience.

Question 14

Which remedies can a Local Authority or the AG claim for in public nuisance?

Answer 14

Injunction only - only an individual can claim for damages in a public nuisance claim.