Nuisance

Question 1

What is the definition of private nuisance

Answer 1

Unlawful, indirect interference with another person’s use or enjoyment of land or rights over it

Question 2

How to prove there is a valid claimant and defendant

Answer 2

Claimant- Must have proprietary interest in the land affected by nuisance Hunter v Canary Wharf
Defendant- occupier, creator or person/business who adopt the nuisance Tetley v Chitty

Question 3

What is the second thing to prove for private nuisance

Answer 3

Must show there has been an indirect continuous interference
It must either cause
Physical damage - Sturges v Bridgman
Loss of amenity- Halsey v Esso

Question 4

What does private nuisance not cover?

Answer 4

Personal injury this would be negligence

Question 5

Finally for proving if there was a nuisance, what must the interference be

Answer 5

Must be unlawful- courts use idea of unreasonableness. Factors include

Question 6

What factors are taken into account

Answer 6

1. Sensitivity- Mckinnon v Walker
2. Locality - St Helens v Tipping
3. Duration - Crown River v Kimbolton Fireworks
4. Social utility - Dennis v Mod
5. Motive -Hollywood Silver Fox Farm v Eonment

Question 7

What are the defences

Answer 7

Volenti- Never succeeded as a defence
Prescription- Activity must have been carried out for at least 20 years Coventry v Lawrence
Statutory Authority- Most successful/ most regulated through Acts of Parliament Allen v Gulf Oil

Question 8

What are the remedies

Answer 8

Injunction- prohibit activity Miller v Jackson
Damages- Awarded for damages to land / loss of amenity- damages=to loss in value
Abatement- self help remedy C takes reasonable steps to deal with nuisance