Private Nuisance

Question 1

Private nuisance definition

Answer 1

Winfield v Jolowicz - an unlawful indirect interference with C.’s use/enjoyment of land

Question 2

Winfield v Jolowicz

Answer 2

Defines private nuisance

Question 3

Types of private nuisance

Answer 3

• Material damage
• Loss of amenity/quiet enjoyment

Question 4

Who can sue? (PN/RvF)

Answer 4

C. must have legal interest in the land - Hunter v Canary Wharf
D. is either the creator of the nuisance - Tethy v Chitty - or the owner of the land - Sedleigh v O’Callaghan

Question 5

Leaky v National Trust

Answer 5

D. is liable for naturally caused nuisances if they were aware of it and failed to prevent it

Question 6

C. cannot sue regarding (PN)

Answer 6

Hunter v Canary Wharf -
- right to light
- view of land
- tv reception

Question 7

Law v Florinplace Ltd.

Answer 7

May sue for emotional distress

Question 8

Used to consider conflicting interests in PN

Answer 8

Factors of reasonableness -
- Location
- Duration
- Time of day
- Malice
- Sensitivity

Question 9

• Location
• Duration
• Time of day
• Malice
• Sensitivity

Answer 9

Sturges v Bridgman - what is reasonable for the area
Kimbolton Fireworks - continuous/reoccuring
De Keyser’s Royal Hotel Ltd. - unsuitable hour = unreasonable
Christie v Davey - deliberate hostility = unreasonable
Robinson v Kilvert - nuisance judged by effect on a reasonable person

Question 10

Defences (PN)

Answer 10

• Moving to the nuisance
• Social benefit (Miller v Jackson)
• Perscription (Sturges v Bridgman - 20+ yrs)
• Statutory authority (Allen v Oil Gulf Refining)
• Volenti

Question 11

• Social benefit
• Perscription
• Statutory authority

Answer 11

• Miller v Jackson
• Sturges v Bridgman
• Allen v Oil Gulf Refining

Question 12

Remedies (PN)

Answer 12

• Compensatory damages
• Injunction
• Abatement
• ADR