Private Nuisance

Question 1

what is the definition of private nuisance

Answer 1

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

Question 2

what are the two main types of nuisance

Answer 2

loss of amenity-noise smell or fumes

material damage-dangerous state of affairs on D’s land causes significant damage to C’s land

Question 3

what is the rule for parties to the nuisance

Answer 3

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)

Question 4

what are the cases for parties to the nuisance

Answer 4

(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

Question 5

what is the first step for private nuisance

Answer 5

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

Question 6

what is the second step of private nuisance

Answer 6

indirect interference

Question 7

what is indirect interference

Answer 7

• loss of anemity

- material damage

Question 8

what are the cases for indirect interference

Answer 8

(Thompson-Schwab v Costaki)

Laws v Florinplace Ltd

Question 9

which forms of interference can’t be claimed

Answer 9

• right to a view
• right to light
• right to good tv reception

Question 10

what are the factors of reasonableness

Answer 10

• locality
• duration
• sensitivity
• malice
• social benefit

Question 11

what is the rule and case for locality

Answer 11

depends on use of land and area it is situated in

Sturges v Bridgman

Question 12

what is the rule and case for duration

Answer 12

interference usually likely to be continuous and carries on at unreasonable times of night

(Crown River Cruises Ltd v Kimbolton Fireworks Ltd)

Question 13

what is the rule and case for sensitivity

Answer 13

if C particularly sensitive there may be no nuisance but if interference is foreseeable maybe then this might be actionable

(Robinson v Kilvert)

Question 14

what is the rule and case for malice

Answer 14

deliberately harmful behaviour will be unreasonable and so actionable

(Christie v Davey)

Question 15

what is the rule and case for social benefit

Answer 15

if action benefits the community the nuisance may be reasonable

(Miller v Jackson)

Question 16

what does not count as a defence for nuisance and what are the cases

Answer 16

moving to the nuisance

(Miller v Jackson)

(Sturges v Bridgman)

Question 17

what are the rules and cases of the statutory authority defence to nuisance

Answer 17

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)

Question 18

what are the rules and cases for deciding between injunctions

Answer 18

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)

Question 19

what are the types of remedies

Answer 19

-injunctions
-damages
abatement
-ADR

Question 20

what is abatement

Answer 20

e.g. entering D’s premises to prevent further nuisance

Question 21

what is ADR

Answer 21

court encourage negotiation and mediation as if allows parties to come to resolution with less confrontation-important to live alongside each other