Nuisance

Question 1

What is public nuisance

Answer 1

Public nuisance is when acts or omissions cause widespread harm
Concerned with claimants who suffer particular damage (general public)
Is a crime but becomes actionable in tort law if the claimant suffers particular damage over and above the damage suffered by the public generally

Question 2

What is private nuisance

Answer 2

Private nuisance involves acts or omissions which causes substantial interference with the use of enjoyment of land
Private is usually land/homeowners
Is concerned with protecting the rights of an occupier in respect of unreasonable interference with the enjoyment or use of his land.

Question 3

Hunter v Canary wharf

Answer 3

Imposes 3 subsections to private nuisance
- Nuisance by encroachment on neighbours land - moving the boundary
- Nuisance by direct physical injury to a neighbours land - Dig hole in land
- Nuisance by interference with a neighbours quiet enjoyment of land - noise

Question 4

Legal interest in land

Answer 4

In order to bring a claim of nuisance, claimant must have legal ownership in land, not necessarily ownership - Malone v Laskey

Question 5

Unlawful interference

Answer 5

Private nuisance requires an unreasonable use of land by the D which leads to an unreasonable interference with the claimants use or enjoyment of their land.

Question 6

London Borough of Southwark v Mills, Baxter v LB Camden

Answer 6

In assessing the reasonableness of the use and reasonableness of interference he courts take all the circumstances into account

Question 7

What will courts consider

Answer 7

The nature of the locality/neighbourhood - industrial estate or residential area
- Duration
- Sensitivity
- Malice

Question 8

Duration

Answer 8

Most nuisance consists of a continuing state of affairs. Most instances claimant is seeking an injunction to prevent the continuous of such nuisances. In general the longer the nuisance lasts the greater the interference and the greater likelihood of it being held unlawful. De Keysers Royal Hotel v Spicer bros

Question 9

De Keysers Royal Hotel v Spicer bros

Answer 9

Private nuisance did not require that the nuisance be completely permanent in nature, but it was required that it was continuous

Question 10

Sensitivity

Answer 10

If the claimant is abnormally sensitive or their use of land is particularly sensitive, the D will not be liable unless the activity would have amounted to a nuisance to a reasonable person using the land in a normal manner. - Robinson v Klivert

Question 11

Robinson v Klivert

Answer 11

Where one carries on an unusually delicate trade, they cannot then complain because they are injured by the defendant’s carrying on their lawful business on their property if this would not have injured anything but an unusually delicate trade.

Question 12

Malice

Answer 12

Where the D acts out of malice, the actions are more likely to be held unreasonably - Hollywood Silver fox farm v Emmet

Question 13

Hollywood Silver fox farm v Emmet

Answer 13

D liable despite abnormality of foxes sensitivity as he was acting out of malice