Private Nuisance Flashcards
What are the 6 basic elements of AO1 private nuisance?
-Intro
-C and D
-Indirect interference
-Unlawful use of the land
-Defences
-Remedies
What one sentence should the intro be?
Private Nuisance is an unlawful interference with a persons use and enjoyment of land coming from neighbouring land
Claimant and Defendant is two paragraphs for each. What is the Claimant paragraph?
-This is the person who has their use and enjoyment of the land interfered with. Hunter V Canary Wharf - Only those with an interest in the land can claim, tenants or owners.
Claimant and Defendant is one paragraph for each. What is the Defendant paragraph?
This can be someone who is allowing the nuisance, causing it, adopted nuisance from a previous owner or natural causes on their land which they are aware of. (Tetley V Chitty), (Sedleigh)
What is the principle of Tetley v Chitty?
Local authority was liable for a go kart company using council land
What is the principle of Sedleigh?
Occupier will be liable if they know of the danger and allow it to continue
What 3 points are in indirect interference?
-It must be proven the D’s actions have resulted in an indirect interference with the claimants use and enjoyment of the land
-Hunter v Canary Wharf - Loss of recreational facilities is not sufficient
-Laws v Florinplace Ltd - Injunction against sex shop permitted as offended neighbours and constituted interference
What sentence should be used to introduce the 6 unreasonable uses of land?
A mere interference on its own is not enough, it must also be shown that the D’s activities amount to an unlawful use of land
What are the 6 factors towards unreasonable use of land?
-Locality
-Duration of the Interference
-Sensitivity of the Claimant
-Malice
-Public Benefit
-The Human Rights Act 1998
How should the 6 factors be described?
List all 6, though only describe the 2 or 3 which apply to the scenario
Describe Locality
The courts will consider the characteristics of the neighbourhood. (Sturges v Bridgeman) What would be a nuisance in Belgrave Square would not be in Bermondsey
Describe Duration
The nuisance must be continuous and at unacceptable hours. (Spicer v Smee) The fire was a continuous state of affairs and was considered a nuisance
Describe Sensitivity of the C
If the C is particularly sensitive they will not be able to claim. (Network rail infrastructure V Morris) The amplified electric guitars were sensitive so the interference wasn’t foreseeable
Describe Malice
If the D acts out of hostility, spite or malice this will contribute towards their liability. (Hollywood Silver Fox v Emmett) The shot gun was not unreasonable however because it was done out of malice it could be unreasonable
Describe Social Benefit
If there is a benefit to society the courts will not normally find it unreasonable
Describe Human Rights Act 1998
The courts will consider article 8 and the right to a private life
What are the two defences and what is the one case that applies in both?
-There is a defence if the D has carried out the activity for 20+ years without complaint from the claimant (Coventry v Lawrence)
-Coming to the nuisance, if the D has carried out the activity for 20+ years but the C hasn’t lived there the entire time, they have come to the nuisance and this is not a defence. (Coventry v Lawrence)
What are the two possible remedies
-Injunction
-Compensatory damages
When will damages be likely awarded?
When it involves an activity that is a social/public benefit then the courts will most likely award damages and not an injunction (Millar and Jackson)
What is the AO2 broken into?
-C and D
-Indirect interference
-Unreasonable
-Defences (only relevant)
-Remedies
What is the C and D in Ao2?
-The C is… (explain if they own or rent the land)
-The D is (explain which type of defendant they are)
What are the three possible types of defendant?
-A person allowing the nuisance(occupier)
-A person causing the nuisance(tenant)
-Person causing the nuisance(tenant/owners family)
What two points is an indirect interference ao2?
-Here the indirect interference is…
-This interferes with the C’s use and enjoyment of their land because…
What is an example of ao2 indirect interference…
-Here the indirect interference is the noise caused by the factory
-This interferes with the C’s use and enjoyment of their land because they can’t sleep
How would you apply Locality?
Residential, part residential or commercial - is it reasonable for the type of area?
How would you apply duration?
How long does the nuisance last, is it recurring, continuous, or at an unreasonable time of day?
How would you apply sensitivity of the C?
What aspect makes the C sensitive (this makes the behaviour not unreasonable)
How would you apply Malice?
Is the D acting out of malice, why? (if yes unreasonable)
How would you apply social benefit?
Explain why the behaviour might be a social benefit (this makes behaviour reasonable)
How would you apply Human Rights Act 1998?
This is unreasonable if it interferes with human rights - explain which right it interferes with
What statement would you end the “unreasonable factors” section of ao2 with?
Therefore the D’s behaviour could be considered reasonable/unreasonable because…
What 3 defences could you apply (only apply relevant ones if there is any)?
-Prescription
-Coming to the nuisance
-Statutory authority
How would you apply the defence of Prescription?
-Why has this activity been happening for 20 years and how has the C not complained before
How would apply the defence of coming to the nuisance?
-Why has the C not lived next to the nuisance for 20+ years, state that coming to the nuisance not a defence but can justify compensation as a remedy
How would you apply the defence of statutory authority?
Explain what the planning permission allows, does this cover the D’s activity?
What would the remedies section of AO2 be?
If the claim is successful what would the most appropriate remedy be and why (injunction or damages)
What do you need to remember to add after remedies ao2?
A conclusion
If there was more than one application, how would you structure ao2?
Complete C and D, then apply separately starting from the indirect interference
