Private Nuisance

Question 1

Introduction?

Answer 1

Tort Law provides a possible action against people who use their home in such a way that it leads to a nuisance. Applies when only one neighbour is affected.

Question 2

Claimant?

Answer 2

Hunter v Canary Wharf - The claimant must have an interest in the land, This will include the owner of the tenant but does not include a member of the owner’s family.

Question 3

Defendant?

Answer 3

Bybrook v Kent - Person who is causing the nuisance.
Leakey v National Trust - The occupier who is allowing the nuisance to happen.
Tetley v Chitty - Landlords.

Question 4

Unlawful?

Answer 4

The D’s activity must be unlawful, unlawful does not mean illegal, it means the D’s actions are unreasonable. “In the circumstances is it unreasonable for the claimant to have to suffer the interference”.

Question 5

Interference: Damage?

Answer 5

No case just decide on what damage is.

Question 6

Interference: Adams v Ursell?

Answer 6

Smells.

Question 7

Interference: Halsey v Esso?

Answer 7

Noise, Dust, heat, light, vibrations.

Question 8

Interference: Laws v Florinplace?

Answer 8

Feelings of distress/lowering tone of area.

Question 9

Interference: Leakey v National Trust?

Answer 9

Natural Accidents.

Question 10

Interference: Holbeck Hall v Scarborough?

Answer 10

Sudden Cliff subsidence.

Question 11

Interference: Hunter v Canary Wharf?

Answer 11

Some forms of interference will not be given such as a right to a TV signal.

Question 12

Interference: Loss of enjoyment?

Answer 12

No interference for loss of enjoyment of land.

Question 13

Factors of reasonableness: Definition?

Answer 13

As all tort is about balancing the claims of interest between the claimant and the defendant the court will take into account any relevant factors about whether the use of the land by the D is unreasonable.

Question 14

Factors of reasonableness: Locality?

Answer 14

Sturges v Bridgeman - The character of the neighbourhood will be considered, is the purely residential or industrial.

Question 15

Factors of reasonableness: The duration of the interference?

Answer 15

Crown River Cruises - Is the duration continuous and at unreasonable hours of the day.

Question 16

Factors of reasonableness: Sensitivity of the claimant?

Answer 16

Network Rail v Morris - If it can be shown that the claimant is particularly sensitive then the action may not be a nuisance.

Question 17

Factors of reasonableness: Malice?

Answer 17

Hollywood v Emmet - A deliberately harmful act by the defendant will usually be considered a nuisance.

Question 18

Factors of reasonableness: Social benefit?

Answer 18

Adams - If the D is providing a benefit to the community then his actions may not be a nuisance.

Question 19

Defences: Contributory Negligence?

Answer 19

Law Reform Act 1945: States that any damages awarded to the claimant can be reduced according to the extent to which the claimant has contributed to his own harm.

Sayers v Harlow Council - The amount of blame will be decided by the judge who will then adjust the damages awarded.

Question 20

Defences: Consent?

Answer 20

A) Claimant had knowledge of the risk involved - Sterner v Lawson.

B) Free will from the claimant - Smith v Baker.

C) A voluntary acceptance of the risk by the claimant.

Question 21

Defences: Statutory Authority and Local Planning Permission?

Answer 21

Allen v Gulf Oil - the defendants relied on a statute which gave them permission to build an oil refinery and therefore, the courts decided permission to run it.

Question 22

Defences: Prescription?

Answer 22

A unique defence to nuisance, if the action has been happening for the last 20 years and no complaint has happened from the same party in that time then the defence of prescription may be granted.

Coventry v Lawrence - It had to be the same party and the same action, a different action is not allowed.

Question 23

Remedies: Injunction?

Answer 23

Lemon v Webb - Most common remedy, usually a prohibitory injunction to stop the nuisance from continuing.

Question 24

Remedies: Abatement?

Answer 24

Kennaway v Thompson - Entering the premises to prevent the nuisance, e.g. entering the D’s garden to chop down overhanging trees.

Question 25

Remedies: Damages?

Answer 25

Coventry v Lawrence - Courts now have a wider discretion relating to the award of damages and the remedy of injunction may not be awarded if the D can show that damages would be a suitable alternative.