Nuisance P2 Flashcards by Eleanor Mensah

What is a private nuisance

An unlawful interference for a substantial length of time with a person’s right to enjoy or use his land in a reasonable way

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What 3 things must C show for a claim of private nuisance

1) The parties involved
2) There is an interference
3) The interference is sufficiently serious in all circumstances to be unlawful

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What must C have in order to bring action against a nuisance

C must be someone with legal interest in the affected land

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What did Hunter V Canary Wharf show - interference with Tv reception

To sue for private nuisance, C must have a legal interest in the affect land. Mrs H did now own the property and had no proprietary interest in it

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What must D be/ have done in order to be established as a D under private nuisance

D is the creator of the nuisance or if he allows the tenant to continue his activities which are causing the nuisance

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Which case showed that a local authority who permits an activity to take place on their land can be a D - go-kart track

Tetley V Chitty (1986)

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What did the case of Cooking V Eacott show - estranged mother and barking dog

Whoever is in control of the premise can be sued for nuisance. Despite being estranged, the mother had sufficient control = D

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What is the second thing to establish for private nuisance

The interference

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What are the two types of interference under private nuisance

Physical damage
Loss of amenity

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What is physical damage

Damage to land, plants, crops on or in the land
Damage to foundations cause by vibrations
Killing of flowers, oil smuts from refinery covering clothes on a washing line

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What does physical damage not include under private nuisance and which tort should be pursued if it is involved

Private nuisance does not cover personal injury
If personal injury is involved then C should pursue a tort of negligence claim

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What is Loss of amenity as an interference

Where c’s ability to enjoy his land is restricted by Ds activities
Excessive noise, unpleasant smells fumes preventing c from opening windows

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Which interference takes more evidence to prove and why

Loss of amenity
Harder to prove the interference

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What is the third thing to prove for private nuisance

Unlawfulness - is the interference unlawful

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How many factors can be considered for unlawfulness of the interference and what is the acronym for them

6 Factors
Lesbians Don’t Do Sex Requiring Men

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What is the first factor for unlawfulness and what does it mean

Locality
Some activities are more acceptable in certain areas - industrial zones than in residential areas

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Which case involved a smell from landfill site affected local residents and granting a permit from waste management does not change the fact that Ds use of the land was not reasonable

Barr V Biffa (2012)

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What did Coventry V Lawrence show - racetrack existing before residents

Courts presume that Ds activities are taken into account when permission is granted, but only to the extent to which they would cause a nuisance
If cannot be carried out without nuisance they are discontinued due to the character of locality

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Which case shows that locality is irrelevant when physical damage is caused by the interference

St Helens smelting V Tipping

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What is the second factor for interference and what does it mean

Duration
The more often something happens the more likely it is to be a nuisance, but in some cases a single event can amount to a nuisance

Which case is used to show that a one off event can amount to a nuisance - firework display set fire to boat

Crown River Cruises V Kimbolton Fireworks

What is the third factor for unlawful interference

Degree of interference
Depending on how serious the interference is can make it more or less likely to be a nuisance and it can depend on things like the time of day it occurs
If it is physical damage than small nuisances are actionable but if it is only loss of amenity the threshold is higher

What did Murdoch V Glacier Metals show - noise at night from factory

Low-level noise is unlikely to be a nuisance if created by an industrial estate

What is the 4th factor when considering unlawful interference and what does it mean

Sensitivity
If C is using his property for extra sensitive use he is not entitled to sue in circumstances where a reasonable use would not need protection

Which case showed that the extra sensitive use (Tvs in the 1960s being rare) was not enough to claim for damage as ordinary using people did not suffer

Bridlington Relay V Yorkshire Electricity

Why did the C win the case of Mckinnon V Walker - orchids

Extra sensitive use can be claimed for if ordinary use would also cause damage. Although orchid are sensitive, other plants and flowers died which were not sensitive so C could claim

Which case changed the test of sensitivity to being reasonable foreseeability

Network Rail V Morris

What is the 5th factor when considering unlawful interference and what does it mean

Reasons for D's activity (social utility) How useful to society it is for D to conduct his activities and if C just has to put up with it

Which case is used for Reasons for Ds activity (social utility) - RAF jets

Dennis V MoD It was important for the RAF to train pilots in that area, just unfortunate it was over their estate

What is that last factor when considering unlawful interference and what does it mean

Motive If D deliberately does something for no reason but to annoy C, out of malice, will make it unlawful

Which case involved a neighbour deliberately making a nuisance in protest of piano lessons next door

Christie V Davey

Which case involved a farmer deliberately firing a gun to make foxes miscarry to stop the breeding noises

Hollywood Silver fox farm V Emmertt

What are the two defences to private nuisance

Statutory authority Prescription

What is the defence of Statutory authority

If D has been given authority by parliament to carry out his activities then it is not unlawful

Which case involved an oil refinery causing local nuisance but it was authorised by parliament so it was not unlawful

Allen V Gulf Oil

What did the case of Marcic V Thames water utilities show - sewage flooding house

Was a nuisance but C lost claim as the act by parliament required c to complain to the industry watchdog and use methods of ADR detailed there. Where statute provides a means of resolving disputes, then that must be following instead of bringing a claim for nuisance

What is prescription as a defence to private nuisance

Ds activities become lawful as they have been carrying them out for at least the last 20 years - for the length of time he has been doing it without objection The nuisance must have amounted for 20 years or longer

What defence has been continuously turned down by courts for private nuisance

Consent - where C 'comes to the nuisance' is not a defence

Which case shows that consent - 'C comes to the nuisance' is not a defence - Doctor moved next door to sweet maker

Sturges V Bridgeman

What are the three types of remedies available from a claim of private nuisance

Injunction Damages Abatement

What is an injunction as a remedy for private nuisance

An order to prohibit or stop Ds activities Only available in trivial matters and not in ones where Ds activity is important to continue (social utility)

In what case were damages awarded instead of an injunction as the court did not want to stop the traditional life of an English village - balancing conflicting interests

Miller V Jackson

In what case were damages awarded and a partial injunction to limit Ds activities to certain times - powerboat club organised races

Kennaway V Thompson

How are damages awarded to cases of physical damage

Awarded for consequential damage to the land, plants...

How are damages awarded to cases of loss of amenity

Damages are equal to the loss in value of the land

What do the damages need to be which was established by The Wagon Mound

Reasonably foreseeable

What are some previous case examples where damages were awarded for loss of amenity

Hunter V Canary Wharf Dennis V MoD

What is the last remedy for private nuisance

Abatement

What is abatement

A self-help remedy where C takes matters into his own hands but he must remember to act reasonably when doing so