Nuisance Flashcards
Holbeck Hall Hotel v Scarborough Borough Council (2000)
INTERFERENCE:
The council’s land provided support for C’s hotel. Hotel collapsed when council’s land slid. D had not taken reasonable precaution but they were not liable as damage was not foreseeable.
Hunter v Canary Wharf (1997)
INTERFERENCE:
Local residents who lived near canary wharf said they kept getting bad tv signal. CoA decided TV Signal was not a right so claim failed.
Fearne v Tate Gallery (2023)
INTERFERENCE:
Viewing platform was unreasonable interference since the platform directly overlooked the building so damages were awarded.
St. Helens Smelting Co. Ltd v Tipping (1865)
DAMAGE:
Copper smelting factory omitted acid rain and fumes and caused damage to C’s trees and shrubs. Claim was successful. If there were no damage claim wouldn’t have been successful.
Southwark London Borough Council v Mills (1999)
UNREASONABLE:
C bought a flat in a house that was converted by the council. Complained that she could hear other residents and blamed council for not soundproofing it. Claim failed as it was not reasonable for every wall to be soundproof.
McKinnon Industries v Walker (1951)
ABNORMAL SENSITIVITY:
Fumes from D’s factory damaged C’s abnormally sensitive orchids. Claim was successful as there was general damage.
Sturges v Bridgman (1879)
LOCALITY:
D owned a confectioner which used machinery to produce things. C was doctor’s surgery who hadn’t been effected by the factory until the doctor had a building extension. Claim was successful. “What would be a nuisance in Belgrave Square would not be so in Bermondsey”
Crown River Cruises Ltd v Kimbolton Fireworks Ltd (1996)
DURATION:
Firework display lasting only 20 mins was considered a nuisance when sparks set fire to a barge.
Christie v Davey (1893)
MALICE:
C gave music lessons and often had musical parties. D lived next door and would deliberately bang on the wall and shout. C got an injunction to stop D making noises. However, if D had made a claim against music teacher instead of making noises they could’ve had an injunction as well.
Hollywood Silver Fox Farm v Emmett (1936)
MALICE:
C bred silver foxes for their fur and D owned neighbouring land and deliberately fired shot guns towards the farm to scare the foxes and stop them breeding. Court decided they D’s Bad Motive meant that there was claim for nuisance.
Thomas v National Union of Mineworkers (1985)
CREATOR:
Held that striking miners could be liable in private nuisance when they picketed in the road.
Southport Corporation v Esso Petroleum Co. Ltd (1953)
CREATOR:
Held that a D did not have to own or occupy the land from which the nuisance originated. Oil tanker leaked onto the beaches of Southport causing a nuisance.
Tetley v Chitty (1986)
THE OWNER:
Council allowed go-cart club to use some land. Noise created by the cars caused a nuisance to residents. The council had permitted the nuisance and were liable for it.
