NUISANCE Flashcards
Private Nuisance
A type of unreasonable interference, by a neighbour, with a person’s use and enjoyment of their land.
Purpose of PN
Seeks to balance the right of two parties to use their land how they please.
Valid C
A person who has legal interest in a land. E.g. Owner, Tenant etc.
[HUNTER V CANARY WHARF]
Valid D
Creator of nuisance
Adopter of nuisance (they didn’t create it but allowed it to progress)
[SEDLEY V DENFIELD]
Unlawful Interference
An unreasonable use of land by D, which leads to an unreasonable interference with C’s use or enjoyment of their own land.
Mental Damage
Loss of enjoyment of land inc. prevention of sleep, smelling.
[WHEELER V JJ SAUNDERS]
pig farm smell
Physical Damage
To land inc, plants, crops and goods.
[MILLER V JACKSON]
Cricket club case
Factors
The law will step in when the impact on c is unreasonable and shouldn’t be expected to deal with it, by considering these;
1) locality
2) duration
3)sensitivity
4) social utility of D
5) malice of D
LOCALITY
Refers to the nature and character of the neighbourhood where the nuisance occurs.
[HALSEY V ESSO]
DURATION
Refers to how long the interference lasts and how frequently it occurs- determines if its unreasonable.
[BAR V BIFFA]
SENSITIVITY
Refers to whether C or their property is unusually sensitive to the nuisance.
SOCIAL ULTITY OF D
Refers to the broader benefit that D’s activity brings to society.
[DENNIS V MOD]
MALICE OF D
Refers to a defendant’s deliberate intention to cause harm or inconvenience to the claimant. E.G. disregarding complaints
[SILVER FOX V EMMETT]
REMEDIES
Injunctions, Damages and Abatement
INJUNCTION
(Most common remedy)
An order from court to deter specific action.
Partial or permanent.
(Consider public benefit)
[KENNAWAY V THOMPSON]
