Nuisance P2 Flashcards
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
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
What must C have in order to bring action against a nuisance
C must be someone with legal interest in the affected land
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
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
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)
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
What is the second thing to establish for private nuisance
The interference
What are the two types of interference under private nuisance
Physical damage
Loss of amenity
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
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
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
Which interference takes more evidence to prove and why
Loss of amenity
Harder to prove the interference
What is the third thing to prove for private nuisance
Unlawfulness - is the interference unlawful
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
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
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)
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
Which case shows that locality is irrelevant when physical damage is caused by the interference
St Helens smelting V Tipping
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
