Private Nuisance Flashcards
What is private nuisance?
A claim where the use or enjoyment of land is affected by the unreasonable behaviour of a neighbour
What are the two main types of nuisance?
Loss of amenity (Noise or smoke)
Material damage (a dangerous affair on neighbours land causes physical damage to the claimants land)
What was established in Hunter v Canary Wharf Ltd?
There must be an interest in the land to bring a claim
Who can be sued for private nuisance?
The person who is allowing or causing the nuisance
What was held in Tetley v Chitt?
The local company who allowed Go-Karting on the land was held liable
What was established in Sedleigh Denfield v O’Callaghan?
The occupier may still be liable for adopting the nuisance
What was established in Leakey v National Trust?
A defendant is also liable when a nuisance is caused by an act of god, but the occupier is aware of it and fails to act
What needs to be proved in a nuisance claim?
- The defendant’s activity is an ‘unlawful use of land’
- The use is unreasonable and affects the claimant
- The interference is excessive and causes the claimant to suffer
What are examples of loss of amenity?
- Fumes
- smell from farm animals
- Noise
What are examples of material damage?
- Vibrations of machinery
- Fire
- Cricket balls being hit into a garden
In Hunter v Canary Wharf Ltd, can recreational interference be claimed?
No
What was held in Laws v Florinplace Ltd?
Courts are prepared to protect the feelings of emotional distress
What are the factors of affecting reasonableness?
- Locality
- Duration of the interference
- Sensitivity of the claimant
- Malice
- Social benefit
What is established in Sturges v Bridgman?
The locality of the neighbourhood is taken into account
What is established in De Keyser’s Royal Hotel v Spicer Bros?
The nuisance needs to be continuous and at a reasonable time
What was held in River v Kimbolton Fireworks?
20 minutes of disturbance was considered actionable
What was established in Robinson v Kilvert?
If it is shown that the claimant is sensitive, the action might not be nuisance
How is the sensitivity of the claimant judged?
A test of foreseeability
What was held in Christie v Davey?
A harmful deliberate act is considered a nuisance.
(An injunction was granted)
What was established in Miller v Jackson?
Actions may be reasonable if benefitting the community
What are the defences to Nuisance?
- Prescriptive right to continue
- Moving to the nuisance
- Statutory authority
- Planning permission
What defence failed in Sturges v Bridgman?
Prescriptive right to continue
In what cases was moving to the nuisance established?
Miller v Jackson
What defence was used in Marcic v Thames Water?
Statutory authority
What defence was established in Wheeler v Saunders?
Planning permission can only be used as a defence when it changes the character of the neighbourhood
What are the remedies for nuisance?
Injunction
Abatement
Compensatory damages
What is the ‘Shelter Test’ in Shelter v City of London Electricity Lighting Company?
Compensatory damages may be awarded instead of an injunction when when injury to the claimants rights is small, and an injunction would be unfair
What is an abatement?
The claimant may enter the defendant’s property to prevent further nuisance
What was held in Fearn v Tate?
Miller v Jackson is only used for remedies
