nuisance Flashcards
explain using a case example who can sue
Hunter v Canary Wharf - a person who has legal interest in the land and is affected by the interference can claim
definition of nuisance
an unlawful interference with a persons use or enjoyment of land
explain using a case example who can be sued
the creator of the nuisance
Page motors - those who authorise or adopt the nuisance
must the unlawful interference must be direct or indirect
indirect
smells and fumes
bliss v hall
noise and vibrations disrupting sleep
Halsey v esso petroleum
smell from pig farm
bone v seale
noise from power boats
kennaway v Thompson
hot air
robinson v kilvert
fire
spicer v smee
firing a gun to prevent foxes from breeding
Hollywood silver fox farm
nuisance must cause either physical damage or loss of enjoyment
case for physical damage
St Helens smelting co - acid rain damaged trees and bushes
case for loss of enjoyment
Halsey v esso petroleum - loss of sleeping
courts will take six factors into consideration
LSD + SUM
explain with case example locality
Sturges v Bridgman - what might be a nuisance in one place would not necessarily be a nuisance in another
case for where physical damage has occurred, the claim is more likely to succeed
st helens smelting co
explain with case example seriousness
Walter v selfe - relates to the idea of ‘give and take’ and what reasonable use of property is
explain duration
there must be a continuous interference over a period of time
what is the case for if a nuisance is temporary, a claim could still succeed
De keysers royal hotel
explain sensitivity
the standard of tolerance is that of the normal neighbour and so abnormally sensitive claimants won’t be likely to succeed
case example of sensitivity
Robinson v kilvert
explain utility
if D’s conduct has a use to society it may be reasonable to expect C to put up with it
case example of utility
Harrison v southwark water co
explain malice
whether the D wanted to maliciously offend someone
case example of malice
Christie v Davey
case and explanation for statutory authority
Allen v GORL
- claimant brought action in nuisance for the smell, noise and vibration created by an oil refinery which has been constructed by the defendant on their land
- as the defendants actions of constructing the oil refinery was authorised by an act of parliament, defendant wasn’t liable
explain prescription and give case example
Sturges v Bridgman (defence failed)
If a claimant tolerates defendants activities for more than 20 years, the nuisance may be legal. However, time does not run until the activity is a nuisance.
Is claimant coming to the nuisance a defence? + case
Miller v Jackson
it is not a defence to say that the defendant was there first and the claimant moved to the nuisance
Is planning permission a defence? + case
Coventry v Lawrence
Supreme Court held that if planning permission has been granted, it does not mean that the relevant activity is lawful and is no assistance to the defendant
Is public benefit a defence? + case
Bellow v Cement co Ltd
Defendant can’t use the fact that there is a public benefit to his activity as a defence
what is damages and how may it be used for nuisance
these may be to compensate claimant for damage to land or the loss in value of the land. But it is not possible to claim for personal injury
how can injunctions be used
- injunction is an equitable remedy but is granted at the courts discretion.
- to obtain an injunction, the claimant must come with ‘clean hands’
what is the most common form of injunction
most common one is prohibitory which will order the defendant not to do something
what is a mandatory injunction
requires the defendant to do something
case for full injunction
Christie v Davey - induction to prevent defendants actions completely
what is a partial injunction
may limit certain activities to certain times of the day
