Nuisance (Paper 2) Flashcards
Definition of private nuisance
The unlawful, or unreasonable, interference with a person’s use or enjoyment of land
Lord Goff quote in Cambridge Water
The fact that D has taken all reasonable care will not exonerate him
Hunter v Canary Wharf
C must demonstrate an appropriate legal interest in the land
Three factors to consider for nuisance
Location, duration, motive and malice of D
Location case
Leeman v Montague
Types of location and levels of reasonableness
Industrial, business, commercial area involves more noise, whereas residential, rural, countryside involves less noise
St Helens Smelting v Tipping
If the nuisance causes physical damage to the claimant’s land, the issue of location is irrelevant
Duration
The more long lasting an interference, the more likely it is to be a nuisance (Cunard v Antifyre)
De Keyser’s Royal Hotel
Even if an interference is short in duration, it could still be unreasonable because of the time of day
Crown River Cruises v Kimbolton
An interference which is short in duration may still be a nuisance if it causes damage to land
Motive and malice of the defendant meaning
If the activity of D is motivated by malice, it is likely to be unreasonable (Christie v Davey)
Interference with the claimant’s recreational activities
Claims where the interference is with a recreational activity will usually fail (Hunter v Canary Wharf)
Statutory Authority
Used as a defence where an Act of Parliament gives permission for the nuisance (Allen v Gulf Oil)
Planning Permission
Character of the neighbourhood has changed and therefore the interference is now unreasonable (Gillingham Council v Medway)
Prescription
Claimant has tolerated the nuisance for a substantial amount of time, at least 20 years
