Nuisance

Question 1

what is private nuisance?

Answer 1

protecting the rights of an occupier against ‘unreasonable interference with the enjoyment or use of his land’

Question 2

what’s required to bring a claim in private nuisance

Answer 2

the claimant must have an interest in the land (a legal interest, not necessarily ownership)

Question 3

give some examples of interference

Answer 3

flooding, smells, encroachment, noise, cricket balls, a brothel, physical damage

Question 4

what are the 4 (plus extra one) considerations in determining if interference was reasonable?

Answer 4

1-locality
2-duration
3-malice
4-sensitivity
extra-foreseeability

Question 5

what does it mean for locality to be taken into consideration?

Answer 5

a higher level of disturbance is seen as reasonable in an industrial area than in a residential area
planning permission may change the nature of the locality
where the nuisance causes physical damage, locality is irrelevant

Question 6

what does it mean for duration to be taken into consideration?

Answer 6

the longer a nuisance lasts, the more likely t is to be held as an unlawful interference
although a temporary activity can still count

Question 7

what does it mean for malice to be taken into consideration?

Answer 7

malicious actions are more likely to be held unreasonable

Question 8

what does it mean for sensitivity to be taken into consideration?

Answer 8

if the claimant is abnormally sensitive or their use of land is particularly sensitive the defendant wont be held liable

Question 9

key cases on private nuisance

Answer 9

-Jones v Ltd Portsmouth City Council
-London Borough of Southwark v Mills
-Hirose Electrical v Peak Ingredients
-Coventry v Lawrence
-St Helen’s Smelting co. v Tipping
-De Keyser’s Royal Hotel v Spicer Bros
-Robinson v Kilvert
-Hollywood Silver Fox Farm v Emmett
-Cambridge Water v Eastern counties Leather plc