Nuisance

Question 1

I

Answer 1

The c may be able to sue the d for private nuisance

Question 2

D

Answer 2

Private nuisance is defined as the “unreasonable interference of a persons use or enjoyment of the land “ the focus is on whether the interference is unreasonable if so it will be a nuisance and actionable . It does not matter if the d has taken reasonable care not be a nuisance in (Cambridge water) lord Goff said “the fact the the d has taken all reasonable care will not exonerate him”

Question 3

E

Answer 3

The c must demonstrate an appropriate legal interest in the land affected ( hunter v canary wharf ) there are 3 key factors which must be considered Location duration and motive and malice of the defendant

Question 4

E ( LOCATION )

Answer 4

Firstly the location or locality of the interference must be considered (Leeman v montague) more noise would be expected in an industrial or commercial area whereas less noise would be expected in a residential or rural area.

Question 5

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Question 6

E (DURATION)

Answer 6

Secondly the duration of the interference must be considered the more long lasting an interference the more likely it is to be a nuisance ( Cunard v antifyre)

SIDE RULE
Private nuisance and interference for a substantial length of time if the interference occurs at night time this is also more likely to be considered a nuisance ( de keyers royal hotel )

Question 7

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Question 8

E (MOTIVE AND MALICE OF THE DEFENDANT)

Answer 8

The final factor to consider is the motive and malice of the defendant if the d activity is motivated by malice then the courts are more likely to hold that such activity is unlawful (Christie v davey)

Question 9

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Question 10

Defences

Answer 10

STATUTORY AUTHORITY- where an act of parliament gives permission for the nuisance (allen v gulf oil)

PLANNING PERMISSION- planning permission could mean that the character or neighborhood has changed and therefore the interference is now reasonable/unreasonable (Gillingham council v medway)

PRESCRIPTION- the c tolerates the nuisance for a substantial amount of time e.g 20 years

VOLENTI NON FOT INJURIA- this is where the c expressly / impledly consents to the nuisance

CONTRIBUTORY NEGLIGENCE- the law reform act 1945 c’s compensation is reduced according to their own responsibility for the damage

Question 11

Remedies

Answer 11

DAMAGES - compensation may be awarded where the damage done by the nuisance is quantifiable. Damages for past loss and inconvenience may also be awarded.

INJUNCTIONS- force the d to act or stop doing something l. Injunction la are an equitable remedy only awarded if it’s fair or just and possible to do so and as such they are at the discretion of court .The court may refuse an injunction if it’s not in the public interest and award damages instead (Miller v Jackson) in (kenneway. Thompson) injunctions can be tailored to meet the exact circumstance of the case

ABATEMENT- a form of self help where the c is entitled to take reasonable steps to lesson the nuisance