Nuisance - Paper 2 Flashcards
What is the definition of private nuisance?
The unlawful, or unreasonable, interference with a person’s use or enjoyment of land
What was Lord Goff’s quote in Cambridge Water
The fact that D has taken all reasonable care will not exonerate him
What was the decision in Hunter v Canary Wharf?
C must demonstrate an appropriate legal interest in the land
What are the three factors to consider for nuisance?
Location, duration, and motive and malice of D
What is the key location case?
Leeman v Montague
What are the types of location and levels of reasonableness?
Industrial, business, commercial areas involve more noise, whereas residential, rural, countryside areas involve less noise
What was the ruling in St Helens Smelting v Tipping?
If the nuisance causes physical damage to C’s land, the issue of location is irrelevant
Why is duration important in a nuisance claim?
The more long lasting an interference, the more likely it is to be a nuisance (Cunard v Antifyre)
What was the decision in De Keyser’s Royal Hotel?
Even if an interference is short in duration, it could still be unreasonable because of the time of day
What was the decision in Crown River Cruises v Kimbolton?
An interference which is short in duration may still be a nuisance if it causes damage to land
What is the meaning of motive and malice of D?
If the activity of D is motivated by malice, it is likely to be unreasonable (Christie v Davey)
What does the law say regarding interference with C’s recreational activities?
Claims where the interference is with a recreational activity will usually fail (Hunter v Canary Wharf)
What is statutory authority?
It is used as a defence where an Act of Parliament gives permission for the nuisance (Allen v Gulf Oil)
Explain the defence of planning permission?
Character of the neighbourhood has changed and therefore the interference is now unreasonable (Gillingham Council v Medway)
Explain the prescription defence
C has tolerated the nuisance for a substantial amount of time, at least 20 years
