Nuisance Flashcards
what is nuisance?
say nuisance is minor but kris likes it
-“Nuisance is often viewed as a ‘minor’ tort with minimal implications or impact beyond the cosy world of neighbourly squabbles or ‘ordinary people’ against industry.”
[J Conaghan & W Mansell, ‘The Wrongs of Tort’ (1998) 124]
never really right/wrong so - good to argue
4 key areas in nusiance?
can be overlap
can sue in all 4
but need to understand which 1 need to be clear how and why using can use all 4 but certain ad and disad for using each
- public nusiance-quarries
- private nusiance- piece and quiet
- rylands-mine shaft
- stat nuisance- big stat= environmetnal protection act
public nusiance?
“An amorphous and unsatisfactory area of the law covering an ill-assorted collection of wrongs, some of which have little or no association with tort and only appear to fill a gap in the criminal law.”
[S Deakin, A Johnson & B Markesinis, ‘Tort Law’ (7th edn) 452]
- not that sympathetic to public nusiance
- most things covered in public nusiance -is a crime can be pros as crime and tort can do both
stat nuisance?
see it as sept tort- see as sep element within nusiance but also intextbooks put in public nusiance
private nusiance?
“Any unauthorised interference with a person’s use or enjoyment of land or some right over it.’
[P Winfield (1931) 189,190]
- enjoyment of land- rules for it but people see this as frvierlous tort = need restrictions in placde
neg broke arm, def- used my name but this just enjoyment of land
what is nusiance also about?
commmunity, what we feel and believe as comm
e.g example of private nusiance claim-some 1 staring in apartment neighbouring squabbles but had tos tare back to se
ryland v fletcher?
people though this didnt exist but now were seeing resergence big case came out - narrowed categories
“This judgement is noteworthy because it is an outstanding example of a creative generalisation…. This epoch-making judgement owes much of its success to ‘the broad scope of the principle announced, the strength of conviction of its expounder, and the clearness of his exposition’”
[S Deakin, A Johnson & B Markesinis, ‘Tort Law’ (7th edn) 504]
- gap in law so created brand new law which was rylands
nuisance is one of cases that?
merges in different areas
recent times case for this - occupied process-City of London Corporation v. Samede [2014]- how get rid sued trespass etc breach of planning etc all nusiance - dumped on ct- so ct had to analyse which concept best
comparison with trespass?
Nuisance is INDIRECT & based on FAULT
trespasss is direct and more abotu strict liability nusiance doing at moment of time e.g throwwing chiar
public nusiance in depth? crime /civil?
crime and civil
Simple answer, both…
Magistrates court: unlimited fine / 6months imprisonment
Crown court: unlimited fine / life imprisonment
Although since R v. Rimmington (2005), cases involving morals or outraging public decency are no longer covered.
leading case for public nuisance?
AG v. PYA Quarries [1957]- noise vibrations dust affected local near by etc, cant hang stuf out for washing etc, noise from workers etc bad environmetn for them to live in
important about public= scale of it (community aspect) so wide spread not 1 person take community thing affects lots of people
quote for public nusiance in ag ?
“any nuisance is ‘public’ if it materially affects the comfort and convenience of a life of a class of Her Majesty’s subjects” (Romer LJ) [184]
cases for public nuisance?
Rose v. Miles (1815)
Halsey v. Esso Petroleum co ltd [1961]
Thomas v. National Union of Mineworkers [1985]
Gillingham BC v. Medway (Chatham) Docks [1993]
Tate & Lyle Industries v. Greater London Council [1983]
pubic nusiance as a crime? cases?
- R v. Shorrock [1993]- rave, farmer lets rave happen, police found location shut down, so loud 275 complaints from 4 miles away - cts said rente out but cts said ought to have known = public nusiance aswell as civil offence crim
- R v. Chee Kew Ong [2000]- snip wires floodlights game gets abadoned- certain time but if too early - just basicall cheated flood lights- guard bribed another friend- consipracy charges broguht- public nusiance tunring of flood lights- prison for 4 yrs
Wandsworth LBC v. Railtrack plc [2001]-‘The Pigeon is
a rat with wings’
Commissioner Hoving (1966)ct said ur bridge adn fi aware of nusiance dont do nothing about it= public nusaicne
R v. Bourgass [2006]- argument stupid not clever- items found - ct - sentenced 17yrs - nusiance for terrosism to fight it cos not another stat for it - nusaicne used for everything e.g rave etc varied
R v. Rimmington; Goldstein [2005]-varied how dow e know public nusiance- no here- smoke ele- affects post office people dont get post- not public nusaince -yes ahd pubic effect but escape of assault didnt know - sue?- if theres a apartic stat offence we should use it, shouldnt use common law
Corby Group Litigation v. Corby DC [2009]-escape of toxic material - could use for eprsonal injury cases other torts against it
summary for public?
Leading case (Civil): AG v. PYA Quarries [1957] 2 QB 169
So widespread / indiscriminate that it affects the community as a whole
However claimant must prove special damage over and above the community
Claimants do NOT need any property interests
Leading case (Criminal): R v. Rimmington [2005] UKHL 63
Inappropriate to charge common law offence
if a statutory option is available
what is stat nuisance?
argue brance of public nusiance
number of stat fall within this 5 of those use environmental act dont worry about others one used most often- only use 2 sections
1st sec epa?
s.79- lays down there is stat nuisance- presiditial to health/nuisance
cases for epa? s.79
Coventry City Council v. Cartwright [1975]-building site, let building rubber build up, rubble keep but other no, bricks look bad etc but dont smell or make noise = no nusiance but looks bad so could be - got rid of rubble and oter aspects and sued- council said no nuisance- if rats etc then maybe -theres no problem in health or nusiance
NCB v. Thorne [1976]- proof presidital health/nusaince
