Nuisance Flashcards
Malone v Laskey 1909
established that claims must have a legal interest in the property for private nuisance
Khorasandjian v Bush 1993
claim allowed for whole family after phonecalls being made
Hunter v Canary Wharf 1998
reversed khorasandjian back to original principle set in Malone v Laskey (had to have legal interest)
Sturges v Bridgman 1879
“what would be a nuisance in Belgrave square would not necessarily be so in Bermondsey” (locality)
Laws v Florin Place Ltd 1981
sex shop in residential area was a nuisance because of family values
Spicer v Smee 1946
not an obvious nuisance, one off even caused by faulty wires (fire) (duration)
Miller v Jackson 1977
cricket was not a nuisance as it benefited community (social utility) but would be compensated for damages
Robinson v Kilvert 1889
claim failed due to sensitivity of paper
Christie v Davey 1893
claim failed due to malice shown by making more noise than music teacher
Hollywood Silver Fox Farm v Emmett 1936
claim failed due to malice shown by scaring the mink so they would eat their own babies
Hammersmith Railway v Brand 1869
statutory authority stopped railway from being a nuisance
Sturges v Bridgeman
showed the right of prescription won’t apply if beneficial to community
Kennaway v Thomspon 1981
injunction issued for nuisance of speed boat racing to balance interests of both parties
Dennis v MoD 2003
damages awarded for nuisance of RAF base
A.G v PYA Quarries Ltd 1957
public nuisance is “something which affects a reasonable class of her majesty’s citizens (“a class of people so widespread in its range or indiscriminate in its effects that it would be unreasonable to expect one person to take steps to put a stop to it”) materially or in the reasonable comfort and convenience of life”
Attorney General for Ontario v Orange Productions 1971
music festivals can amount to public nuisance
Holling v Yorkshire Traction 1948
emission of smoke that made road use dangerous amounted to public nuisance
Corby Group Litigation v Corby BC 2009
atmospheric toxic waste leading to birth defects amounted to public nuisance
R v Rimmington 2006
racially abusive letters not public nuisance as they only affected a certain group of people
Castle v St Augustine Links 1922
golf course with badly placed hole caused public nuisance to road users - claimant suffered above and beyond as he was hit by ball
Tate v Lyle Industries v Greater London Council 1983
public nuisance as council was not keeping waterways up to scratch which stopped transportation - claimant suffered above and beyond as they had to pay for it cleaning
Rylands v Fletcher 1968
if you bring something non natural onto your land and it escapes, you are responsible for reasonably foreseeable damage
Transco PLC v Stockport MBC 2003
decided Rylands is a sub category of private nuisance so you must have a legal interest in the land (claim failed as water was not an exceptional risk)
Giles v Walker 1890
claim failed as weeds are naturally present
Ellison v MoD 1997
claim failed as rainwater was a natural accumulation
Hale v Jennings Bros 1938
claim successful as fairground chair could cause danger if it escaped
Cambridge Water v Eastern Counties Leather 1994
bulk storage of chemicals is a non natural use of land
Rickards v Lothian 1913
water that overflowed from tap was not an unnatural use of land
Read v Lyons 1946
claim failed as the thing that caused the explosion had not escaped (on the defendants property)
Perry v Kendricks Transport 1955
no liability for 3rd party placing lit match in petrol tank of coach
Nichols v Marsland 1876
no liability for artificial lake flooding & overflowing after violent storm
Smeaton v Ilford Corporation 1954
defendant had statutory duty to get rid of sewer waste so no liability when it overflowed
