Private Nuisance Flashcards
what is the definition of private nuisance
an unlawful indirect interference with a person’s use or enjoyment of land coming from neighbouring land
what are the two main types of nuisance
loss of amenity-noise smell or fumes
material damage-dangerous state of affairs on D’s land causes significant damage to C’s land
what is the rule for parties to the nuisance
C-must have interest in the land
D-can be liable where the nuisance is result of natural causes which he is aware of but fails to deal with (Leakey v National Trust)
what are the cases for parties to the nuisance
(Hunter v Canary Wharf Ltd)-members of household who don’t have interest in land can’t claim
(Sedleigh Denfield v O’Callaghan)-person causing or allowing nuisance doesn’t need to have interest
(Leakey v National Trust)-D can also be liable where nuisance is result of natural causes which is aware of but fails to realise
what is the first step for private nuisance
unlawful use of land
- not necessarily illeagal but unreasonable in how it affects C
- courts must balance conflicting interest of neighbours
- possibility that some element of fault but fault doesn’t have to be proved
what is the second step of private nuisance
indirect interference
what is indirect interference
- loss of anemity
- material damage
what are the cases for indirect interference
(Thompson-Schwab v Costaki)
Laws v Florinplace Ltd
which forms of interference can’t be claimed
- right to a view
- right to light
- right to good tv reception
what are the factors of reasonableness
- locality
- duration
- sensitivity
- malice
- social benefit
what is the rule and case for locality
depends on use of land and area it is situated in
Sturges v Bridgman
what is the rule and case for duration
interference usually likely to be continuous and carries on at unreasonable times of night
(Crown River Cruises Ltd v Kimbolton Fireworks Ltd)
what is the rule and case for sensitivity
if C particularly sensitive there may be no nuisance but if interference is foreseeable maybe then this might be actionable
(Robinson v Kilvert)
what is the rule and case for malice
deliberately harmful behaviour will be unreasonable and so actionable
(Christie v Davey)
what is the rule and case for social benefit
if action benefits the community the nuisance may be reasonable
(Miller v Jackson)
what does not count as a defence for nuisance and what are the cases
moving to the nuisance
(Miller v Jackson)
(Sturges v Bridgman)
what are the rules and cases of the statutory authority defence to nuisance
most things that might be considered a nuisance are now regulated by environmental or other laws (Allen v Gulf Oil Refining)
planning permission can be lawful justification for a nuisance (Gillingham Borough Council v Medway (Chatham) Dock Co.)
planning permission won’t be defence if it doesn’t change character of neighbourhood (Wheeler v Saunders)
what are the rules and cases for deciding between injunctions
injunctions can be granted in whole or part (Kennaway v Thompson)
social benefit-more likely awarded damages than injunction (Dennis v MoD)
injunction not automatic right (Miller v Jackson)
damages should be considered remedy more often especially with planning permission or public interest (Coventry v Lawrence)
what are the types of remedies
-injunctions
-damages
abatement
-ADR
what is abatement
e.g. entering D’s premises to prevent further nuisance
what is ADR
court encourage negotiation and mediation as if allows parties to come to resolution with less confrontation-important to live alongside each other
