Nuisance

Question 1

What is a private nuisance

Answer 1

An unlawful interference with a person’s use of enjoyment of land or some right over, or in connection with it. (Winfield)

Question 2

What factors will the court consider when deciding whether or not the use of land is reasonable or not

Answer 2

• Continuity/Duration.
• Time of day.
• Locality.
• Sensitivity of the claimant.
• Malice.
• Public benefit.
• Recreational activities.
• The Human Rights Act 1998.

Question 3

Continuity/Duration

Answer 3

• This is how long it happens and if it keeps happening.
• The general rule is a single one off event will not be regarded as a nuisance so a nuisance must generally be a continuous state of affairs.- Bolton v Stone.
• De Keyser’s Royal Hotel v Spice Bros.

Question 4

Time of day

Answer 4

• Whether they do the thing during the day or during the night.

Question 5

Locality

Answer 5

• The nature of the area will determine what is permissible, however, even in an industrial area the courts will balance the interests of the claimant against those of the defendant.
• St Helens Smelting v Tipping.

Question 6

Sensitivity of the claimant

Answer 6

• If the claimant is abnormally sensitive or their use of the land is particularly sensitive the defendant will not be liable- unless the activity would amount to a reasonable person using the land in a normal manner.
• Robinson v Kilvert.

Question 7

Malice

Answer 7

• This is when the actions of the defendant is intentional.
• Christie v Davey.

Question 8

Public benefit

Answer 8

• The courts will balance the seriousness of the interference with any public benefit conferred by the defendant’s use of land.
• Miller v Jackson.

Question 9

Examples of direct interference

Answer 9

• Entering someone’s house.
• Walking on their land.
• Leaning against a fence.
• Sitting on a wall.

Question 10

Examples of indirect interference

Answer 10

• Fumes drifting to neighbour’s land.
• Fire.
• Pollution of rivers.
• Smuts from factory chimneys.

Question 11

Actual damage + Case

Answer 11

• Actual damage is physical damage to property.
• St Helens Smelting v Tipping.

Question 12

Intangible damage + Case

Answer 12

• Intangible damage is the claimant’s loss of enjoyment of their land.
• Hunter v Canary Wharf.

Question 13

Defences- Having statutory authority

Answer 13

• This is where the ‘thing’ creating the nuisance is authorised by the government to be there under an Act of Parliament.
• Hammersmith Railway v Brand.

Question 14

Defences- Planning permission

Answer 14

• The court held that in some circumstances, if the planning permission granted specific durations or decibels of noise, this might be considered as a defence. However, this is not a guaranteed defence, it may simply be a useful start point to decide if it is a nuisance or not.
• Coventry v Lawrence.

Question 15

Defences- Prescription

Answer 15

• If the claimant does not complain about the nuisance for a period of 20 years, then they will be barred from making a claim in nuisance.
• Sturges v Bridgman.

Question 16

Defences- ‘Coming to the nuisance’ cannot be used as a defence

Answer 16

• The defendant cannot argue that ‘they were their first’ and that the claimant cannot complain about their ‘nuisance’ actions.
• Bliss v Hall.

Question 17

Defences- The act of a stranger

Answer 17

• If the nuisance or the escape was caused by the actions of a third party, than this can absolve the defendant from liability.

Question 18

Remedies- Damages case

Answer 18

• St Helens Smelting v Tipping.

Question 19

Remedies- Injunction

Answer 19

• Injunction is a preventative order stopping the defendant from doing something.
• Kennaway v Thompson.