private nuisance

Question 1

Defintion of private nuisance

Answer 1

An neighbouring unlawful use of land that interferes with another persons use or enjoyment of their land

Question 2

Occupier adopts the nuisance

Answer 2

Setleigh denfield v o’callagh- ‘an occupier who knows of a danger and allows it to continue is liable even if he has not created the danger himself’

Question 3

Ds found liable as a result of natural causes

Answer 3

Leaky v National trust

Question 4

Ds can be sued if they allow the nuisance to continue

Answer 4

Tetley v Chitty

Question 5

how is unlawful defined

Answer 5

Unlawful doesnt mean illegal and it is subjective to the courts decision - the courts must decide that the use of the land is unreasonable in a way that affects the defendant

Question 6

State indirect interferences

Answer 6

fumes drifting
vibrations from industrial machinery
fire

Question 7

State acts that aren’t considered interences

Answer 7

• Blockage of sight
• Blockage of light
• interference with TV signal ( Hunter v Canary wharf)

Question 8

State the factors if reasonableness considered by the courts

Answer 8

• sensitivity
• the nature of the area
• time of day/week
• Duration
• social benefit
• malice

Question 9

what happened in the case of Christie v Davey

Answer 9

C was a music teacher D got frustrated with the noise from when C was teaching and so decided to retaliate by creating noise, D found guilty of private nuisance

Question 10

what is prescription as a defence

Answer 10

If the act has continued for more than 20years and there hasnt been a complaint, it isnt seen to be a nuisance
Sturges V Bridgman

Question 11

What is planning permission as a defence

Answer 11

Gillingham borough council V medway dock

If D recieves planning permission from the local governing body they are not to be convicted of a nuisance providing their acts fall within the permission given
CHANGES THE NATURE OF THE AREA

Question 12

what is the question asked when determining whether someones use of the land is unreasonable?

Answer 12

in all of the circumstances is it reasonable for the claimant to have suffered the particular interference?

Question 13

Hunter v Canary wharf

Answer 13

A claimant cannot take action to protect

• a right to view of the surrounding countryside
• a right to light .
• interference with TV signal be protected

Question 14

Thompson v costaki

Answer 14

Courts can protect against feelings of emotional distress ( running a brothel)

Question 15

Malice case (factors of reasonableness)

Answer 15

C was a music teacher who held parties and lessons in his house. D didn’t appreciate all the noise and would bang pots and pans to annoy C.
Injunction was granted against D due to his deliberate malicious behaviour
Christie v Davey

Question 16

Sensitivity case (factors of reasonableness)

Answer 16

Robinson v Kilvert
C stored brown paper on the first floor of a building
D stored paper boxes in the basement
D needed the conditions to be hot and dry
Heat from the basement dried out C’s brown paper
Court decided that the brown paper was particularly sensitive and that the heat wouldn’t have dried out regular paper - no injunction or damages awarded

Question 17

Social benefit (factors of reasonableness)

Answer 17

Miller v Jackson-
The use of C’s garden was disrupted by cricket balls flying in from the park nearby.
Cricket club tried to comprimise with C’s by installing a high fence and instructing cricketers to hit the ball low.
C continued action
The court found that the social benefit which the cricket games added was more important that the private use of the claimants garden
No injunction

Question 18

Duration of interference

Answer 18

the interference must be continuous or at unreasonable hours
Crown River v Kimbolton -
fire resulted in a 20 min firework display . This amounted to actionable nuisance

Question 19

Moving to the nuisance

Answer 19

D may argue C is only suffering the nuisance as they moved closer to it or moved into the area where there hasn’t previously been an issue - NOT A DEFENCE FOR DEFENDANT