Nuisance (P2) Flashcards
What is private nuisance?
An unlawful interference with a person’s enjoyment of land coming from neighbouring land
To be successful in a claim of nuisance, what does the claimant have to show?
- He has the right to bring an action and D is capable of being a D
- There is interference by either physical damage to the land or loss of amenity in using land
- Interference is sufficiently serious in all the circumstances to be unlawful
Who can have legal interest?
Owner or tenant of land
Who can’t have a legal interest?
Member of owner or tenants family, e.g. child in house
What case is used for legal interest?
Hunter v Canary Wharf
Can claimants without legal interest sue for nuisance?
They may be able to after the case of Mkenna v British Aluminium using Article 8 of ECHR
Who can be a defendant?
The person who is causing or allowing the nuisance
Can the occupier still be liable even if they are not creating the nuisance themselves?
Yes, as a result of adopting the nuisance or failing to deal with it, sedleigh v o’callaghan
Can a D be liable where the nuisance is the result of natural causes?
Yes, if they are aware of but fail to deal with, Anthony v Coal Authority
What are the various factors which have been developed over the years to help the courts decide whether the interference is unlawful?
- Locality of events
- Duration of nuisance
- Sensitivity of claimant
- Motive behind D’s activities and if he is acting out of malice
What is meant by locality of events?
The courts will consider the difference between activities in an industrial area and a residential one; Halsey v Esso and Sturges v Bridgman
What is meant by duration of the nuisance?
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
What is meant by sensitivity of claimant?
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
What is meant by motive behind D’s activities and if he is acting out of malice?
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
What case is used for the claimant to prove that the damaged they suffered was reasonably foreseeable?
Wagon mound case, confirmed in Cambridge water v eastern counties leather
What are the three main defences to a claim of private nuisance?
- Prescription
- Statutory authority
- Social benefit
What is meant by prescription?
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
What is meant by statutory authority?
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
What is meant by social benefit?
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
Is coming to a nuisance a defence?
No
Is it a defence to show that parliament has created an alternate remedy?
Yes, Marcic v Thames water
What are the remedies for a nuisance case?
Damages or injunction
What is the shefler test?
Just damages and injunction
What is it now due to Coventry v Lawrence ?
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
