Nuisance defences and results

Question 1

Halsey

Answer 1

Factory fumes

Question 2

Defences

Answer 2

Consent - smith v baker
Prescription - coventry v lawrence
Statutory authority - D’s actions allowed in AOP - Allen v Gulf Oil
Planning permission - but only if it changes the character if neighborhood - Gillingham v Medway

Question 3

Injunction

Answer 3

Most common for nuisance
Perpetual injunction: final order from court to stop activity
Mandatory injunctionL Order for D to take actions
Failure to follow injunction is contempt of court (fine or up to 2 years of prison)
Coventry - injunction not automatic, sometimes damages more suitable
Miller - injunction refused due to social benefit

Question 4

Abatement

Answer 4

Nuisance only
Allows C to enter D land to deal with nuisance
Lemmon v Webb - abatement granted to enter D’s land to cut back tree branches which were overhanging onto C’s land

Question 5

Smell

Answer 5

Adams

Question 6

Noise

Answer 6

kennaway

Question 7

Emotional distress

Answer 7

Thompson schwabb

Question 8

Vibration

Answer 8

sturgis

Question 9

Robinson

Answer 9

hot air

Question 10

lemmon

Answer 10

tree branches

Question 11

cricket ball

Answer 11

miller

Question 12

flood

Answer 12

leakey