PRIVATE NUISANCE Flashcards
1
Q
definition
A
- unlawful interference for a substantial length of time with a person’s right to enjoy their land in a reasonable way
2
Q
Claimant has
A
- a right to claim
- legal interest in land
- HUNTER V CANARY WHARF
3
Q
there is…
A
- a defendant
- creator of nuisance (TETLEY V CHITTY)
- or adopter/ continue of activities of creator (SEDLEIGH DENFIELD V O’CALLAGHAN)
4
Q
there is an…
A
- interference
- physical damage/ loss of amenity
5
Q
the interference is…
A
- unlawful
- interferes with ‘ordinary existence’
6
Q
first factor considered:
A
- locality
- STURGES V BRIDGEMAN
7
Q
locality
A
- character of neighbourhood considered
8
Q
second factor
A
- duration
- CROWN RIVER CRUISES LTD V KIMBLETON FIREWORKS LTD
9
Q
duration
A
- interference needs to be continuous and at unreasonable times of the day
10
Q
third factor
A
- sensitivity of claimant
- NETWORK RAIL INFRASTRUCTURE V MORRIS
11
Q
sensitivity of claimant
A
- test of foreseeability
12
Q
fourth factor
A
- malice
- HOLLYWOOD SILVER FOX FARM V EMMETT
13
Q
malice
A
- a deliberately harmful act considered unreasonable behaviour
14
Q
final factor
A
- social benefit / utility
- MILLER V JACKSON
15
Q
DEFENCES
stat…
A
- statutory authority
- nuisance created by a public body under legislative duty
- ALLEN V GULF OIL REFINING
