Private nuisance

Question 1

Part 1

Answer 1

private nuisance is defined as an ‘unlawful or unreasonable interference with a persons use or enjoyment of land’

Question 2

Part 1.1

Answer 2

Firstly it must be proven that the claimant has a legal interest in the land, such as an owner or a lease holder. As in hunter v canary wharf where residents were unable to claim as they didn’t have proprietary interest.

Question 3

Part 1.2

Answer 3

The defendant can be anyone who is causing or allowing the nuisance to continue. In this scenario… (apply relevant case Tetley v chitty or sedleigh denfeild v o callagham)

Question 4

Part 2

Answer 4

It must be proven that the defendants use of land was unreasonable and that the interference with c’s enjoyment of land must be a foreseeable result of d’s use of land. In this scenario… it was foreseeable

Question 5

Part 2.1

Answer 5

Courts have taken in a number of factors into consideration when considering if the use of land is unreasonable

Question 6

Part 2.2

Answer 6

First, does it fit with the characteristics of the neighbourhood, for example it wouldn’t be unreasonable to have a loud construction site in a busy city

Question 7

Part 2.3

Answer 7

Second, courts need to consider the sensitivity of claimant considering it in comparison to a reasonable person. if C is unusually sensitive they cant claim as in network rail infrastructure v morris

Question 8

Part 2.4

Answer 8

thirdly, it must be continuous. this doesn’t have to be all the time but it has to have some continuity

Question 9

Part 2.5

Answer 9

the courts will consider the public benefit of the interference. If the benefit outweighs the nuisance the claim is unlikely to succeed as in Miller v jackson

Question 10

part 2.6

Answer 10

lastly malice of the defendant must be considered. if the d, acts in a way that is out of malice or spite of his actions are likely to amount to a nuisance even if they would not ordinarily (hollywood silver fox farm v emmett)

Question 11

Part 3

Answer 11

In order for the claim to be successful the c must suffer some kind of harm, injury or damage

Question 12

part 3.1

Answer 12

Hunter canary wharf establishes 3 types of damage: encroachment, physical damage or interference with enjoyment

Question 13

Remedies

Answer 13

Partial or full injunction-which is appropriate