Nuisance Flashcards
what is the structure of a nuisance PQ?
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
what is a private nuisance?
there is an unlawful interference with a persons use or enjoyment of their land coming from neighbouring land
what types of interferences are there
indirect - smoke, smell or noise
direct - physical damage
what is the case for indirect nuisance?
Halsey v esso petroleum
what is the case for prima facie?
st Helens v Tipping
can a person claim for personal injury under nuisance? + case
No - Malone v Laskey
how is someone a claimant?
1.they have an interest in the land
2. their use or enjoyment of the land was affected
what is the case for the claimant needing a interest in the land?
Hunter v canary warf
how is someone a defendant?
they are causing or allowing the nuisance
who could the defendant be? + cases
a local authority - Tetley v chitty
an occupier who fails to deal with the nuisance - Sedleigh Denfield v O’Callaghan
could the nuisance be from natural causes? + case
Yes - Leakey v National Trust
what cannot be claimed for?
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
what can be claimed for? + cases
fumes
noise
smells
houses converted to sex shops - Laws v Florinplace Ltd
running a brothel - Thompson-Schwab v Costaki
what are the reasonableness factors?
locality
duration
sensitivity
malice
what is unreasonable locality? + case
when the character of the neighbourhood is changed
kennaway v Thomson
what is an unreasonable duration? + case
needs to be continuous and at unreasonable times of day
crown river cruises Ltd v kimbolton fireworks Ltd
how is the interference unreasonable if D is sensitive? + case
D not liable if C is particularly sensitive
look at foreseeability of the interference
network rail infrastructure v morris
how is malice unreasonable? + case
a deliberately harmful act will be unreasonable
Hollywood silver fox farm v Emmett
what are the possible defences for nuisance?
prescription
consent
moving to the nuisance - FAILS
social benefit
statutory authority
planning permission
possible remedies for a nuisance
injunctions
damages
abatements
what is the defence prescription? + case
if the action was carried on for at least 20yrs with no complaint between the same parties
sturges v bridgman
what is moving to the nuisance? + case
C only suffers from it as they moved closer to the problem
ALWAYS FAILS - NOT A DEFENCE
miller v jackson
what is the defence social benefit? + case
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
what is the defence statutory authority? + case
an act of parliament allows the nuisance
Allen v Gulf Oil Refining
what is the defence planning permission? + case
local authority planning permission
if character of neighbourhood changes following this it is reasonable
what is an injunction?
orders D to stop the nuisance
what is an abatement?
entering Ds premises to prevent further nuisance
