Private Nuisance Flashcards
What is the definition for private nuisance?
‘An unlawful (unreasonable) interference with a person’s use or enjoyment of land coming from neighbouring land’
What was the nuisance in Sturges v Bridgeman?
Noise and vibrations
What was the nuisance in St Helens Smelting v Tipping?
Smoke and fumes
Bliss v Halls
Smells
Halsey v Esso Petroleum
Smells, physical damage and noise
What does Hunter v Canary Wharf say about a view?
Tower built, blocked TV reception. Can’t claim for view. Stops floodgates.
Robinson v Kilvert
Delicate brown paper dried out, claim failed as overly sensitive
McKinnon Industries v Walker
Sensitive orchids damaged by fumes. Liable as right to normal enjoyment infringed
What did the judge say in Sturges v Bridgeman?
A nuisance in ‘Belgrave Square’ would not be a nuisance in Bermondsey
What is the point of law in St Helens Smelting Co v Tipping?
Location is not a factor if there is physical damage
Murdock v Glacier Metal Co
Low droning noise stopped sleep. Failed as other residents had not complained
Gillingham BC v Medway
Planning permission granted for creation of a port. Change to nature of the area so no nuisance
Wheeler v Saunders
Pig farmer made new pig houses, created smells liable even though he had planning permission
De Keysers Royal Hotel v Spicer Bros
Injunction put in place to stop building work over night even though temporary
Crown river cruises v Kimbolton Fireworks
20 min fire work display could have amounted to a nuisance
Christie v Davey
Music teacher taught at house. D deliberately disturbed by banging trays on wall. Malicious so unreasonable
Tethys v Chitty
Local authority who allowed go-karting on thier land where liable for nuisance
What does Hunter v Canary Wharf state about who can claim?
Those who have a proprietary interest in the land. Rent or own
What did Miller v Jackson prove about defences for private nuisance?
-Coming of the nuisance (we where here first) not a defence
-Public benefit not a defence (however they will take it into consideration)
Coventry v Lawrence
Moved next to motor sports stadium was given damages.
In some circumstances damages are awarded
Belles v Cement
Irelands only cement factory closed
Kennaway v Thompson
Injunction to stop boat racing
What are the three points that must be met to claim/sue under private nuisance?
- interference
- damage
- unlawful/unreasonable
What is a case that can be applied if there is malice?
Christie v Davey
The piano teacher
Cases relating to interference ? (3)
Surges v Bridgman
Bliss v Hall
Hunter v Canary Wharf
What cases relating to damage?
There aren’t any needed just need to prove causation and that it was foreseeable
5 factors of unreasonableness?
Sensitivity
Locality
Locality/planning permission
Duration
Malice
What cases relate to sensitivity? (2)
Robin v Kilvert
McKinnon v Walker
What cases relate to locality? (3)
Sturgeon v Bridgeman
St Helens co v tipping
Murdock v Glacier Metal Co
What cases relate to locality/planning permission? (2)
Gillingham BC v Medway
Wheeler v Saunders
What cases relate to duration? (2)
De Keysers Royal Hotel v Spicer Bro’s
Crown River Cruises v Kimbolton Fireworks
What are the four remedies for private nuisance?
Abatement
Damages
Prohibitory injustion
Mandatory injunction
What is a prohibitory injunction?
Stops or limits actions
What is a mandatory injunction?
Fix the problem within a certain time frame
