Nuisance

Question 1

what is the structure of a nuisance PQ?

Answer 1

intro
who is C?
why?
why is D?
why?
what is the interference?
direct or indirect?
is it prima facie?
what is affecting enjoyment of land?
reasonableness factors
conclude
remedies
defences

Question 2

what is a private nuisance?

Answer 2

there is an unlawful interference with a persons use or enjoyment of their land coming from neighbouring land

Question 3

what types of interferences are there

Answer 3

indirect - smoke, smell or noise
direct - physical damage

Question 4

what is the case for indirect nuisance?

Answer 4

Halsey v esso petroleum

Question 5

what is the case for prima facie?

Answer 5

st Helens v Tipping

Question 6

can a person claim for personal injury under nuisance? + case

Answer 6

No - Malone v Laskey

Question 7

how is someone a claimant?

Answer 7

1.they have an interest in the land
2. their use or enjoyment of the land was affected

Question 8

what is the case for the claimant needing a interest in the land?

Answer 8

Hunter v canary warf

Question 9

how is someone a defendant?

Answer 9

they are causing or allowing the nuisance

Question 10

who could the defendant be? + cases

Answer 10

a local authority - Tetley v chitty

an occupier who fails to deal with the nuisance - Sedleigh Denfield v O’Callaghan

Question 11

could the nuisance be from natural causes? + case

Answer 11

Yes - Leakey v National Trust

Question 12

what cannot be claimed for?

Answer 12

loss of light
loss of view
loss of signal - hunter v canary warf

overlooking unless duration is unreasonable - fearn and others v tate gallery

cannot claim for recreational purposes

Question 13

what can be claimed for? + cases

Answer 13

fumes
noise
smells
houses converted to sex shops - Laws v Florinplace Ltd

running a brothel - Thompson-Schwab v Costaki

Question 14

what are the reasonableness factors?

Answer 14

locality
duration
sensitivity
malice

Question 15

what is unreasonable locality? + case

Answer 15

when the character of the neighbourhood is changed

kennaway v Thomson

Question 16

what is an unreasonable duration? + case

Answer 16

needs to be continuous and at unreasonable times of day

crown river cruises Ltd v kimbolton fireworks Ltd

Question 17

how is the interference unreasonable if D is sensitive? + case

Answer 17

D not liable if C is particularly sensitive
look at foreseeability of the interference

network rail infrastructure v morris

Question 18

how is malice unreasonable? + case

Answer 18

a deliberately harmful act will be unreasonable

Hollywood silver fox farm v Emmett

Question 19

what are the possible defences for nuisance?

Answer 19

prescription
consent
moving to the nuisance - FAILS
social benefit
statutory authority
planning permission

Question 20

possible remedies for a nuisance

Answer 20

injunctions
damages
abatements

Question 21

what is the defence prescription? + case

Answer 21

if the action was carried on for at least 20yrs with no complaint between the same parties

sturges v bridgman

Question 22

what is moving to the nuisance? + case

Answer 22

C only suffers from it as they moved closer to the problem
ALWAYS FAILS - NOT A DEFENCE
miller v jackson

Question 23

what is the defence social benefit? + case

Answer 23

if D provides a benefit to the community the action may be reasonable
miller v jackson

but in adams v ursell fish and chip shop was nuisance due to smell

Question 24

what is the defence statutory authority? + case

Answer 24

an act of parliament allows the nuisance
Allen v Gulf Oil Refining

Question 25

what is the defence planning permission? + case

Answer 25

local authority planning permission

if character of neighbourhood changes following this it is reasonable

Question 26

what is an injunction?

Answer 26

orders D to stop the nuisance

Question 27

what is an abatement?

Answer 27

entering Ds premises to prevent further nuisance