Nuisance (P2)

Question 1

What is private nuisance?

Answer 1

An unlawful interference with a person’s enjoyment of land coming from neighbouring land

Question 2

To be successful in a claim of nuisance, what does the claimant have to show?

Answer 2

1. He has the right to bring an action and D is capable of being a D
2. There is interference by either physical damage to the land or loss of amenity in using land
3. Interference is sufficiently serious in all the circumstances to be unlawful

Question 3

Who can have legal interest?

Answer 3

Owner or tenant of land

Question 4

Who can’t have a legal interest?

Answer 4

Member of owner or tenants family, e.g. child in house

Question 5

What case is used for legal interest?

Answer 5

Hunter v Canary Wharf

Question 6

Can claimants without legal interest sue for nuisance?

Answer 6

They may be able to after the case of Mkenna v British Aluminium using Article 8 of ECHR

Question 7

Who can be a defendant?

Answer 7

The person who is causing or allowing the nuisance

Question 8

Can the occupier still be liable even if they are not creating the nuisance themselves?

Answer 8

Yes, as a result of adopting the nuisance or failing to deal with it, sedleigh v o’callaghan

Question 9

Can a D be liable where the nuisance is the result of natural causes?

Answer 9

Yes, if they are aware of but fail to deal with, Anthony v Coal Authority

Question 10

What are the various factors which have been developed over the years to help the courts decide whether the interference is unlawful?

Answer 10

1. Locality of events
2. Duration of nuisance
3. Sensitivity of claimant
4. Motive behind D’s activities and if he is acting out of malice

Question 11

What is meant by locality of events?

Answer 11

The courts will consider the difference between activities in an industrial area and a residential one; Halsey v Esso and Sturges v Bridgman

Question 12

What is meant by duration of the nuisance?

Answer 12

The more often something happens the more likely the nuisance, however something like a single event can be a nusiance; crown river cruises v kimbolton fireworks

Question 13

What is meant by sensitivity of claimant?

Answer 13

If c was using his property for an extra sensitive use, he is not entitled to sue where reasonable use would not need protection; network rail infrastructure v morris, Robinson v kilvert

Question 14

What is meant by motive behind D’s activities and if he is acting out of malice?

Answer 14

If D deliberately does something with no purpose other than to annoy C, D’s malice may make something unlawful, which may not have been a nuisance; Hollywood silver fox farm v emmett 1936, Christie v Davey

Question 15

What case is used for the claimant to prove that the damaged they suffered was reasonably foreseeable?

Answer 15

Wagon mound case, confirmed in Cambridge water v eastern counties leather

Question 16

What are the three main defences to a claim of private nuisance?

Answer 16

1. Prescription
2. Statutory authority
3. Social benefit

Question 17

What is meant by prescription?

Answer 17

If the action is being carried on for the last 20 years and there has been no complaint between the parties in that time then the D has the prescriptive right to continue. However, it has to be between the same parties; Sturges v Bridgman, confirmed in Coventry v Lawrence

Question 18

What is meant by statutory authority?

Answer 18

This applies to nuisance created by a public body acting under legislative power or duty. This needs to be carried out without negligence and with reasonable regard to and care of interests of others; Allen v Gulf Oil Refining

Question 19

What is meant by social benefit?

Answer 19

Reasons for D’s activities and if they have a useful function. The more useful to society of D’s conduct the more likely C may have to put up with the interference; miller v Jackson

Question 20

Is coming to a nuisance a defence?

Answer 20

No

Question 21

Is it a defence to show that parliament has created an alternate remedy?

Answer 21

Yes, Marcic v Thames water

Question 22

What are the remedies for a nuisance case?

Answer 22

Damages or injunction

Question 23

What is the shefler test?

Answer 23

Just damages and injunction

Question 24

What is it now due to Coventry v Lawrence ?

Answer 24

Injunction is default option, but it is up to defendant to argue that damage is a suitable alternative, Shefler test should not be applied rigidly and an injunction will not automatically be granted