Private Nuisance

Question 1

What is private nuisance?

Answer 1

A claim where the use or enjoyment of land is affected by the unreasonable behaviour of a neighbour

Question 2

What are the two main types of nuisance?

Answer 2

Loss of amenity (Noise or smoke)
Material damage (a dangerous affair on neighbours land causes physical damage to the claimants land)

Question 3

What was established in Hunter v Canary Wharf Ltd?

Answer 3

There must be an interest in the land to bring a claim

Question 4

Who can be sued for private nuisance?

Answer 4

The person who is allowing or causing the nuisance

Question 5

What was held in Tetley v Chitt?

Answer 5

The local company who allowed Go-Karting on the land was held liable

Question 6

What was established in Sedleigh Denfield v O’Callaghan?

Answer 6

The occupier may still be liable for adopting the nuisance

Question 7

What was established in Leakey v National Trust?

Answer 7

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

Question 8

What needs to be proved in a nuisance claim?

Answer 8

• 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

Question 9

What are examples of loss of amenity?

Answer 9

• Fumes
• smell from farm animals
• Noise

Question 10

What are examples of material damage?

Answer 10

• Vibrations of machinery
• Fire
• Cricket balls being hit into a garden

Question 11

In Hunter v Canary Wharf Ltd, can recreational interference be claimed?

Answer 11

No

Question 12

What was held in Laws v Florinplace Ltd?

Answer 12

Courts are prepared to protect the feelings of emotional distress

Question 13

What are the factors of affecting reasonableness?

Answer 13

• Locality
• Duration of the interference
• Sensitivity of the claimant
• Malice
• Social benefit

Question 14

What is established in Sturges v Bridgman?

Answer 14

The locality of the neighbourhood is taken into account

Question 15

What is established in De Keyser’s Royal Hotel v Spicer Bros?

Answer 15

The nuisance needs to be continuous and at a reasonable time

Question 16

What was held in River v Kimbolton Fireworks?

Answer 16

20 minutes of disturbance was considered actionable

Question 17

What was established in Robinson v Kilvert?

Answer 17

If it is shown that the claimant is sensitive, the action might not be nuisance

Question 18

How is the sensitivity of the claimant judged?

Answer 18

A test of foreseeability

Question 19

What was held in Christie v Davey?

Answer 19

A harmful deliberate act is considered a nuisance.

(An injunction was granted)

Question 20

What was established in Miller v Jackson?

Answer 20

Actions may be reasonable if benefitting the community

Question 21

What are the defences to Nuisance?

Answer 21

• Prescriptive right to continue
• Moving to the nuisance
• Statutory authority
• Planning permission

Question 22

What defence failed in Sturges v Bridgman?

Answer 22

Prescriptive right to continue

Question 23

In what cases was moving to the nuisance established?

Answer 23

Miller v Jackson

Question 24

What defence was used in Marcic v Thames Water?

Answer 24

Statutory authority

Question 25

What defence was established in Wheeler v Saunders?

Answer 25

Planning permission can only be used as a defence when it changes the character of the neighbourhood

Question 26

What are the remedies for nuisance?

Answer 26

Injunction
Abatement
Compensatory damages

Question 27

What is the ‘Shelter Test’ in Shelter v City of London Electricity Lighting Company?

Answer 27

Compensatory damages may be awarded instead of an injunction when when injury to the claimants rights is small, and an injunction would be unfair

Question 28

What is an abatement?

Answer 28

The claimant may enter the defendant’s property to prevent further nuisance

Question 29

What was held in Fearn v Tate?

Answer 29

Miller v Jackson is only used for remedies