private nuisance

Question 1

….could make a claim against …..in the
tort of private nuisance for ……
…

Question 2

TBS … must prove that …. activity amounts to an unlawful
use of the land, meaning an ‘unreasonable use of the land which leads
to unreasonable interference with C’s enjoyment or use of his land’

Answer 2

LB of southwark v mills

Question 3

…..must have a legal interest in his land, but she doesn’t have to own it
Hunter v Canary Wharf

Question 4

determine whether ….was unreasonable, certain factors need considered:
…

Answer 4

Location- is the area largely residential and partly commercial or industrial? Is it the town
sturgess

Question 5

Duration - the longer the nuisance the more likely it is unreasonable, though it can be temporary
Crown River Cruises v Kimbolton Fireworks

Question 6

Malice - a deliberately harmful act will be considered unreasonable
Christie

Question 7

Forseeability - if the interference was not foreseeable then there will be no liability
Network Rail Infrastructure

Question 8

Sensitivity - If the claimant is particularly sensitive, the action may not be a nuisance
Robinson v Kilvert

Question 9

where there is social benefit, a disturbance is less likely to be heard as a nuisance

miller v jackson