Private Nuisance

Question 1

What is the definition of private nuisance, and which case gives it?

Answer 1

Protecting the rights of an occupier in respect of unreasonable interference with the enjoyment or use of their land - Miller v Jackson

Question 2

What are the 5 types of interference which can be successful. Case for each

Answer 2

Smells - Wheeler v JJ Saunders
Noise - Kennaway v Thompson
Roots - Lemmon v Webb
Flooding - Sedliegh-Denfield v O’Callaghan
Disturbance from Brothel - Thompson-Schwarb v Costaki

Question 3

What are the 2 types of interference which cannot be successful. Case for each

Answer 3

TV Reception - Hunter v Canary Wharf

View - Bland v Mosely

Question 4

What is the requirement to make a claim in Private Nuisance and which case shows this?

Answer 4

C must have a proprietary interest in the land - Malone v Laskey

Question 5

What 3 elements must be proven for a successful claim?

Answer 5

1) Interfered with enjoyment of land
2) Was unreasonable
3) Caused damage to claimant

Question 6

What will the courts consider unreasonable. Case

Answer 6

Acts beyond the normal bounds of acceptance - London Borough of Southwark v Mills

Question 7

What factors will the courts consider when determining the reasonableness of an interference. Case for each

Answer 7

Locality - Hirose Electrical v Peak Ingredients
Sensitivity of the Claimant - Robinson v Kilvert
Duration of Nuisance - Crown River Cruises
Malice of D - Christie v Davey
Social Benefit - (Must still be reasonable - Barr v Biffa Waste)

Question 8

Which case said that locality is irrelevant where damage is done?

Answer 8

St Helen’s Smelting Co v Tipping

Question 9

What remedies are available?

Answer 9

Injunction
Damages
Abatement - self-help - Perrin and Another v Northampton BC - cutting overhanging branches

Question 10

What defences are available?

Answer 10

Prescription - 20 years
Statutory Authority - Allen v Gulf Oil - Must be Act of Parliament
Consent
Contributory Negligence