Paper 2.9 - Private Nuisance

Question 1

What four parts can private nuisance be broken down to?

Answer 1

Interest in the land
Unlawful/unreasonable interference
Defences
Remedies

Question 1

What is a private nuisance?

Answer 1

‘An unlawful indirect interference with a person’s use or enjoyment of land coming from a neighbouring land.’

Question 2

In private nuisance, what condition must C satisfy in order to ‘have an interest in the land’?

Answer 2

C must be the owner or the tenant of the land where the tort occurs.

Question 3

In private nuisance, what two things must d be in order to have an interest in the land?

Answer 3

D must occupy the land where the nuisance originates.
D must cause/allow the nuisance.

Question 4

In private nuisance, what case defines ‘interest in the land’?

Answer 4

Hunter v Canary Wharf
Cs, residents of an apartment block, had their TV receptions blocked by construction work. Lodgers of the Cs e.g. family members were blocked from entering the suit as they were not the tenants of the apartments.

Question 5

In private nuisance, D must allow or cause the nuisance to be liable. What is a case study of this?

Answer 5

Leakey v National Trust [or other similar cases]
A mound on D’s land slipped and damaged C’s cottage. Despite having ample time to secure the mound, D failed to and was liable.

Question 6

In private nuisance, C must prove that D’s activity amounts to unlawful use of land. For the purpose of private nuisance what does unlawful means?

Answer 6

Unlawful => unreasonable in the way it affects the claimant; it does not necessarily have to be illegal.

Question 7

Give two examples of what is and is not a private nuisance.

Answer 7

Nuisances: fumes, smells, noise, brothel, sex shops.
Not nuisances: TV reception, ugly buildings, light.

Question 8

What case decided that noise and vibrations could be nuisances?

Answer 8

Sturges v Bridgman.

Question 9

What case decided that smoke and fumes could be nuisances?

Answer 9

St Helens Smelting v Tipping.

Question 10

In private nuisance, there are five factors of reasonableness when deciding if D’s actions constitute a nuisance. Name them.

Answer 10

Locality - where the nuisance is compared to C eg is it in a residential or commercial area?
Duration - how often/long the nuisance happened/was.
Sensitivity of C - sensitive Cs are less likely to receive damages as the offence could be deemed unforeseeable.
Malice - Deliberately harmful acts are nuisances.
Social benefit - Actions may be reasonable if they provide a benefit.

Question 11

In private nuisance, what is the case study for locality?

Answer 11

Sturges v Bridgman or
Halsey v Esso

Question 12

In private nuisance, what is the case study for duration?

Answer 12

Crown River Cruises

Question 13

In private nuisance, what is the case study for sensitivity of C?

Answer 13

Network Rail Infrastructures

Question 14

In private nuisance, what is the case study for malice?

Answer 14

Christie v Davey or
Hollywood Silver Fox Farm

Question 15

In private nuisance, what is the case study for social benefit?

Answer 15

Miller v Jackson

Question 16

What are the four ‘possible’ defences to private nuisance?
2 full, 2 partial.

Answer 16

Prescription - full, D has been doing the nuisance for 20+ years without complaint.
Moving to nuisance - partial, argues C contribute to the nuisance.
Statutory authority - full, an Act of Parliament permits d’s activity.
Social benefit - partial, d’s actions provided a social benefit.

Question 17

In private nuisance, what is the case study for prescription?

Answer 17

Sturges.

Question 18

In private nuisance, what is the case study for moving to the nuisance?

Answer 18

Sturges.

Question 19

In private nuisance, what is the case study for statutory authority?

Answer 19

Allen.

Question 20

In private nuisance, what is the case study for social benefit?

Answer 20

Miller v Jackson.

Question 21

According to Coventry v Lawrence, what is the main remedy for private nuisance?

Answer 21

Damages.