Nuisance

Question 1

Define nuisance

Answer 1

Unreasonable interference with the land of another which may or may not cause damage

Question 2

What are the two types of nuisance?

Answer 2

Private nuisance

Public nuisance

Question 3

What constitutes an interference?

Answer 3

Noise - Christie v Davey
Emotional distress - Thomas v Costaki
Smell - wheeler v J J Sanders
Water flooding into claimants land - sedleigh v o’callaghan

Question 4

What was ruled by justice wrey CJ in hunter v coney wharf?

Answer 4

‘Interference is not things of delight’
(Blocking of tv signal)

However this could constitute an interference today because of the importance of technology today

Question 5

What constitutes unreasonableness?

Answer 5

Duration
Locality
Sensitivity

Question 6

How can duration link to unreasonableness?

Answer 6

Longer the nuisance the more likely it is to be unreasonable

Crown water v kimbleton

If has been tolerated for decades or years then it will be hard for the claimant to sue

Question 7

How can locality be unreasonable?

Answer 7

It was held in Gillighan Borough Council v Medway it was held that “if a character of neighbourhood has changed then the defendant will not be liable”

If the claimant is in a residential area and there is a sudden influx of factories which may result in excessive noise the claimant could sue however if it was in a commercial area he could not sue

In stuffed v Bridgman - it was held that the decision of unreasonableness based on locality must be decided upon a ratio of the claimants and the defendants

Question 8

How can sensitivity constitute unreasonableness?

Answer 8

Robinson v Kilvert - if the claimant is abnormally sensitive then the defendant will not be liable
McKinnon v Walker - but if the ordinary enjoyment is effected then the defendant will be liable

Question 9

Who can sue in nuisance?

Answer 9

Must be owner of land - hunter v Canary Wharf

Question 10

what are the exceptions to the rule that land owners are the only ones that can sue in nuisance?

Answer 10

Khorosandi v Bush

McKenna v British Aluminium

Question 11

Who can be sued in nuisance?

Answer 11

Owners
Occupier
Controller of hazard - jones v Portsmouth county council

Question 12

What defences are available in nuisance?

Answer 12

Coming into the nuisance - if it has been happening for decades it cannot be constituted as a nuisance
Prescription - sturges v bridgeman -
Statutory authority -
ADR - marcic v Thames

Question 13

What is public nuisance?

Answer 13

Any nuisance which materially affects reasonable comfort of a class of her majesty’s subjects
- AG v PYA Quarries

(Enjoyment or multiple people)