Nuisance

Question 1

private nuisance intro and definition

Answer 1

• Private nuisance is the “Unlawful (unreasonable) interference with a persons use or enjoyment of land”.
• It does not matter if the D ha taken reasonable care to not be a nuisance. In Cambridge water, Lord Goff stated, “The fact that the D has taken all reasonable care will not exonerate him”.

Question 2

Private Nuisance factor 1

Answer 2

• Firstly, the location of the interference must be considered- Leeman vs Montague
• Apply to the scenario , considering what type of area the interference is in (Industrial, residential, a mix)
• Side rule- Damage to Land- If the nuisance causes physical damage to the C’s land, then the issue of location is irrelevant (St Helens Smelting vs Tipping)

Question 3

Private nuisance factor 2

Answer 3

• Secondly, the more long lasting the interference, the more likely to be a nuisance (Cunard vs Antifyre). Private nuisances are interferences for a substantial amount of time.
• Side rule- time of day- even if the interference was short in duration, it could still be unreasonable due to the time of day (De Keysers royal hotel)
• Side rule 2- Damage to land- and interference which is short in duration may still be W nuisance if it causes damage to the land (Crown river cruises vs Kimbolton)

Question 4

Private nuisance factor 3

Answer 4

Finally, if the activity of the defendant is motivated by malice, it is likely to be unreasonable (Christie v Davey)
- Side rule : interference with the D’s recreational activities- Hunter vs Canary Wharf- interference with recreational activities will fail

Question 5

Defences for nuisance

Answer 5

• Statutory authority- Where an act of parliament gives permission for the nuisance (Allen vs Gulf Oil)
• Planning permission- in Gillingham council vs Medway- planning permission could mean that the character of the neighbourhood has changed and therefore the interference is now reasonable.
• Prescription- if the claimant tolerates the nuisance for a substantial amount of time (20 years) before making a complaint.
  Vole it-non-fit-injuria - This is where the C consents to the nuisance
• Contributory negligence- Reduces compensation due to their own responsibility for the damage.

Question 6

Remedies available for nuisance

Answer 6

• Damages (Compensation)
• Injunctions for the D to stop doing something
  
  • Miller v Jackson- will not be awarded if it goes against the public interest
  • Kennedy’s vs Thompson - can be tailored to meet the requirements of the case
• Abatement-C is entitled to take reasonable steps to reduce the nuisance.