Private Nuisance

Question 1

definition

Answer 1

“an unlawful, indirect interference with another person’s use or enjoyment of land, or their rights over it.”

Question 2

Hunter v Canary Wharf

Answer 2

c must have proprietary interest in the land affected

Question 3

Sedleigh Denfield v O’Callaghan

Answer 3

• d need not cause the interference

- D3: act of a stranger, where the interference occurred because of the actions of someone over which d had no control

Question 4

Tetley v Chitty

Answer 4

d must be the occupier of the land, either as the owner

Question 5

Halsey v Esso Petroleum

Answer 5

• e.gs: noise/vibrations/heat/light/dust

- ‘prima facie’ nuisance, causing physical damage

Question 6

Sturges v Blackman

Answer 6

• e.gs: noise & vibrations
• F1: locality, ie character of the area can make int unr (Thesiger LJ)
• D3: prescription, where the nuisance has been ‘uniformly created’ by the d as an ‘actionable nuisance’ for the c (CvL)

Question 7

Adams v Ursell

Answer 7

• e.g smells

- F2: social utility, x fish and chip shop

Question 8

Thesiger LJ

Answer 8

F1; locality “what would be a nuisance in belgrave square would not necessarily be so in bermondsey”

Question 9

Laws v Florinplace

Answer 9

F1: locality, sex shop in residential area

Question 10

Kennaway v Thompson

Answer 10

• F1: locality, speed boats in quiet lake area

- D2: partial injunction limits part of the activity/timing

Question 11

Miller v Jackson

Answer 11

• F2: social utility, where the activity benefits the public eg cricket club
• F6: seriousness, cricket balls were infrequent
• D2: xdef to say c ‘moved to the nuisance’
• R1: damages

Question 12

De Keyser’s Hotel v Spicer Bros

Answer 12

-F3: duration, usually regular and ongoing

Question 13

Crown River Cruises v Kimbolton Fireworks

Answer 13

F3: duration, 20 min firework display

Question 14

Hollywood Silver Fox Farm v Emmett

Answer 14

F4: malice, when deliberately disturbing c

Question 15

Network Rail v Morris

Answer 15

F5: particular sensitivity of c, where interference was unforeseeable

Question 16

Allen v Gulf Oil Refining

Answer 16

D1: statutory authority, where interference is authorised by a law/statute

Question 17

Coventry v Lawrence

Answer 17

• e.g: noisy neighbours
• D1: statutory authority, partial for local authority pp
• D2: prescription
• R1: damages, in preference to injunction esp LAPP

Question 18

Lemmon v Webb

Answer 18

R3: abatement, defence which allows the suffering party to remove the n w/o legal p (branches)

Question 19

Marcic v Thames Water

Answer 19

R4: human right, if violation of a8 of ECH, which protects the right to a private family life

Question 20

Factors

Answer 20

1) locality SvB, LvF, KvT
2) social utility MvJ, AvU
3) duration DKHvSB, CRCvKF
4) malice HSFFvE
5) particular sensitivity NRvM
6) seriousness MvJ

Question 21

Defences

Answer 21

1) statutory authority AvGOR, CvL
2) prescription SvB, CvL, MvJ
3) act of a stranger SDvO’C

Question 22

Remedies

Answer 22

1) damages MvJ, CvL
2) injunction KvT
3) abatement LvW
4) human rights a8 ECHR

Question 23

F1: locality

Answer 23

character of the area, TLJ quote ( SvB), sex shop (LvF), speedboat races (KvT)

Question 24

F2: social utility

Answer 24

where the activity benefits the public, cricket club (MvJ), x chippy (AvU)

Question 25

F3: duration

Answer 25

must usually be regular and ongoing to be unr (DKHvSB) 20 min (CRCvKF)

Question 26

F4: malice

Answer 26

show by d when deliberately disturbing the c (HSFFvE)

Question 27

F5: particular sensitivity

Answer 27

of the c, where the interference was unforeseeablee

Question 28

F6: seriousness

Answer 28

if it is very serious/severe (MvJ) infrequent cricket balls

Question 29

D1: statutory authority

Answer 29

where the interference is authorised by a law/statute (AvGOR). lapp taken into account, not a full defence (CvL)

Question 30

D2: prescription

Answer 30

where the nuisance has been ‘uniformly created’ by d as an ‘actionable nuisance for c for over 20yrs (SvB, CvL)

Question 31

D3: act of a stranger

Answer 31

where the interference occurred bc of actions of someoneone over which d had no control (SDvO’C)

Question 32

R1: damages

Answer 32

should be awarded in preference to an injunction, especially where lapp or public policy (MvJ, CvL)

Question 33

R2: injunction

Answer 33

• prohibitory: prevents d continuing the use of land completely
• partial: limits part of activity or timing (KvT)

Question 34

R3: abatement

Answer 34

allows the suffering party to remove n w/o legal proceedings eg branches (LvW)

Question 35

R4: human rights

Answer 35

if a violation of a8 ECHR, which protects the right to a private family life (MvTW)