Nuisance

Question 1

What is nuisance

Answer 1

A private nuisance is an Unlawful (unreasonable) interference with a person’s use or enjoyment of land” the interference must be unreasonable to be actionable

Question 2

Lord Goff in Cambridge v Water

Answer 2

It does not matter if the D has taken reasonable care not to be a nuisance “The fact that the D has taken all reasonable care will not exonerate him”. HUNTER V CANARY WARF “the D must have an appropriate legal interest in the land affected”

Question 3

Location

Answer 3

Locality of the interference must be considered-Leeman v Montague
(Is it residential or industrial, commercial or rural)

Question 4

Location side rule

Answer 4

Damage to c’s land: (St Helen’s smelting v Tipping) if the nuisance causes physical damage to c’s land then the issue of location is irrelevant

Question 5

Duration

Answer 5

The more long lasting the interference, the more likely it is to be a nuisance, private nuisances are interferences for a substantial length of time (Cunard v Antifyre)

Question 6

Duration side rule: Time of day

Answer 6

Even if interference is short in duration, it could still be unreasonable because of the time of day (De Keyser’s Royal Hotel)

Question 7

Duration side rule: damage to land

Answer 7

An interference which is short in duration may still be a nuisance if it caused damage to the land (Crown River Cruises v Kimbolton)

Question 8

Motive and malice of the D

Answer 8

If the activity of the D is motivated my malice it is likely to be unreasonable (Christie v Davey)

Question 9

Motive and malice side rule

Answer 9

Claims where the interference is with a recreational activity will fail (Hunter v Canary Wharf)

Question 10

Defence: statutory authority

Answer 10

Where an act of parliament gives permission for the nuisance (Allen v Gluf Oil)

Question 11

Defence: planning permission

Answer 11

(Gillingham Council v Medway) PP could mean that the character of the neighbourhood has changed and the interference is now reasonable/unreasonable

Question 12

Defence: prescription

Answer 12

If claimant tolerates nuisance for substantial amount of time (20 years) without complaint, no nuisance

Question 13

Defence: Volenti-non-fit-injuria

Answer 13

When the C expressly or impliedly consents to the nuisance, no claim

Question 14

Defence: contributory negligence

Answer 14

Law reform (contributory negligence) act 1945: C’s compensation is reduced according to their own responsibility for the damage/nuisance

Question 15

Remedy: damages (compensation)

Answer 15

May be awarded when damage done by nuisance is quantifiable. Damages for past loss and inconvenience may also be awarded

Question 16

Remedy: injunctions

Answer 16

Force the D to act or stop the D doing something. Are an equitable remedy. Can refuse injunctions if not in public interest and award damages instead ( Miller v Jackson ). Can be tailored to meet exact circumstances (Kennaway v Thompson)

Question 17

Remedy: Abatement

Answer 17

Self-help, c is entitled to take reasonable steps to lessen the nuisance