Nuisance Flashcards
What is nuisance?
“An unlawful interreference with a person’s use or enjoyment of land coming from neighbouring land”
What are the two types of nuisance?
1) Loss of amenity (e.g. noise and smell)
2) Material damage
Who is the claimant?
Someone with an interest in the affected land - e.g. the owner or tenant
In which case did the claimant not have a sufficient interest in the land?
Malone v Laskey
Who is the defendant?
The person who is causing or allowing the nuisance - not necessarily the owner or occupier of the land
Which case shows that the defendant doesn’t have to own the land?
Jones Ltd v Portsmouth City Council
Which case shows that a defendant can be liable even if they didn’t create the nuisance?
Sedleigh Denfield v O’Callaghan - they adopted the nuisance because they were aware of the blocked grate and didn’t prevent the flooding
Which case shows that a defendant who fails to prevent nuisance (even one caused by a natural occurrence) will still be liable?
Leakey v National Trust - a naturally occurring mound collapsed and damaged the claimant’s home
How is unlawful defined?
Not as illegal, but as so unreasonable in the way that it affects the claimant
What question must the courts ask when considering if the nuisance is unlawful?
Whether it is reasonable for the claimant to suffer the particular interference?
Which case shows that TV reception isn’t protected?
Hunter v Canary Wharf
Which case shows that the courts can protect emotional distress?
Thompson Schwab v Costaki
What are the factors of reasonableness?
1) Locality
2) Duration
3) Sensitivity of the claimant
4) Malice
5) Social benefit
Which case shows that the locality can negate a nuisance?
Hirose Electrical Ltd v Peak Ingredients Ltd - the nuisance was to be expected because it took place on an industrial park
Which case shows that a temporary nuisance can still be unreasonable?
De Keyser’s Royal Hotel v Spicer Bros
In which case was an ‘extension of land’ considered to be sufficient for a claim in nuisance?
Crown River Cruises v Kimbolton Fireworks - the claimant’s boat tethered to their land was damaged
In which case was the claimant overly sensitive?
Robinson v Kilvert
Give an example of an act of malice which amounted to a nuisance?
Hollywood Silver Fox Farm v Emmet
In which case was nuisance negated by public benefit?
Miller v Jackson - the courts refused to grant an injunction
What is the case for foreseeability?
Cambridge Water v Eastern Counties Leather PLC
What are the defences?
1) Prescription
2) Volenti
3) Ordinary use of land
4) Statutory authority
What is not a defence?
Moving to the nuisance
What is the defence of prescription?
The claimant cannot bring a claim of nuisance if they have been aware of the nuisance for at least 20 years and have not made a complaint
Give an example of a case where the defence of prescription was used
Sturges v Bridgeman - the defence failed because the claimant only became aware of the nuisance when the consulting room was built
In which case was the use of land ordinary?
Southwark London Borough Council v Mills
Give an example of statutory authority as a defence
Allen v Gulf Oil Refining - Parliament intended for the defendants to operate the oil refinery by giving them permission to build it
What are the two remedies?
Injunction (partial or total) or abatement
