Nuisance

Question 1

What is the first part of nuisance?

Answer 1

The C may be able to sue the D for private nuisance because…
Nuisance is the ‘unlawful (unreasonable) interference with a persons use or enjoyment of land’. The focus is on whether the interference is unreasonable, if so it will be nuisance.
It does not matter if the D has taken the reasonable care to not be a nuisance. In Cambridge Water, Lord Goff said ‘the fact that the D has taken all reasonable care will not exonerate him’.
The C must demonstrate an appropriate legal interest in the land affected - Hunter V Canary Wharf.

Question 2

What is the second stage of nuisance? Then explain the first factor.

Answer 2

There are 3 factors that must be considered;
1) LOCATION - the locality of the interference - Leeman v Montague.
SIDE RULE - St Helens Smelting v Tripping - if the nuisance causes physical damage to C’s land, issue of location is irrelevant.

Question 3

What is the second factor?

Answer 3

2) DURATION - The more long lasting an interference, the more likely it is to be a nuisance (Cunard v Antifyre) Private nuisances are interferences for a sustantial amount of time.
SIDE RULE - Time of day, if interference is short it could still be unreasonable because of time of day (Dr Keysers Royal Hotel).
APPLY
SIDE RULE - Damage to land - An interference which is short in duration may still be nuisance if it causes damage to land (Crown River Cruises v Kmibolton).

Question 4

What is the third factor?

Answer 4

3) MOTIVE AND MALICE OF THE D - if the activity of the D is motivated by malice, it’s likely to be unreasonable (Christie V Dave’s).
SIDE RULE - Interference with the C’s recreational activities (Hunter V Canary Wharf).

Question 5

What are the defences for nuisance?

Answer 5

1) Statutory Authority - Act of Parliament gives permission for nuisance - Allen c Gulf Oil.
2) Planning permission- the character of neighbourhood has changed and therefore interference is now reasonable - Gillingham Council V Medway.
3) Prescription - C tolerates nuisance for substantial amount of time (e.g 20 years) without complaint.
4) Volenti non-fit injura - consent of the nuisance.
5) Contributory negligence - Law Reform Act 1945 - C made a contribution to Nuisance.

Question 6

What are the remedies for nuisance?

Answer 6

1) Compensation damages - damage done by the nuisance. - less likely to be used for nuisance
2) Injunction - Forces D to do act or stop the D doing something - most likely to be used. The court may refuse an injunction if it’s not in the public interest and award damages instead - Miller V Jackson. In Kennaway V Thompson - Partial injunction, to meet the exact circumstances of the case.
3) Abatement - a form of self help.