Private Nuisance

Question 1

What is a nuisance?

Answer 1

The unreasonable interference with a person’s use or enjoyment

Question 2

What was held in Hunter v Canary Wharf?

Answer 2

The C must demonstrate an appropriate legal interest in the land affected

Question 3

What is held with reasonable care in private nuisance? name the key case

Answer 3

The fact the D took reasonable care to prevent the nuisance is irrelevant, they can still be held responsible - strict liability law (Cambridge Water)

Question 4

What are the 3 factors to establish reasonableness?

Answer 4

-Land (Leeman v Montaque)
-Duration (Cunard v Antifyre)
-Motive and Malice of D (Christie v Davey)

Question 5

What is the rule of law on location in private nuisance?

Answer 5

Industrial/Business areas can expect noise, whereas in residential/countryside areas, less noise is expected

Question 6

What is the side rule for location in private nuisance? name the key case

Answer 6

Damage to the C’s land causes the issue of location to be irrelevant (St Helens Smelting v Tipping)

Question 7

What is the rule of law on duration for private nuisance? name the key case

Answer 7

The more long lasting an interference, the more likely it is to be a nuisance.

Cunard v Antifyre - held private nuisances are interferences for a substantial length of time

Question 8

What are the two side rules for duration in private nuisance?

Answer 8

Time of day - if nuisance is at night then the interference is more likely to be unreasonable (De Keyser’s Royal Hotel)
Damage to land - if it is short in duration but causes physical damage, it is likely to be a nuisance (Crown River Cruises v Kimbolton)

Question 9

What is the rule of law on motive and malice of the D in private nuisance?

Answer 9

If the activity of the D is motivated by malice, it is likely to be unreasonable. (e.g if D retaliates after C complains)
(Christie v Davey)

Question 10

What is the side rule for motive and malice of the D?

Answer 10

Recreational activity - Will not be held as a nuisance when the interference disrupts the claimants recreational activities (e.g watching TV) (Hunter v Canary Wharf)

Question 11

What are the five defences for private nuisance?

Answer 11

-Statutory Authority
-Planning Permission
-Prescription
-Violenti-non-fit-injuria (Consent)
-Contributory Negligence

Question 12

Explain the rule of law for Statutory Authority as a defence for private nuisance. Name the key case

Answer 12

An Act of Parliament that gives permission for the nuisance, so they cant be liable (Allen v Gulf Oil)

Question 13

Explain the rule of law for Planning Permission as a defence for private nuisance. Name the key case

Answer 13

The character of the neighbourhood may have changed from residential/industrial therefore the interference is now reasonable/unreasonable (Gillingham Council v Medway

Question 14

Explain the rule of law for Prescription as a defence for private nuisance

Answer 14

If the C tolerates the nuisance for a substantial amount of time without complaint (20 years)

Question 15

Explain the rule of law for Violenti-non-fit-injuria as a defence for private nuisance

Answer 15

The C expresses or implies consent to the nuisance

Question 16

Explain the rule of law for Contributory Negligence as a defence for private nuisance. Name the key act

Answer 16

Law Reform (Contributory Negligence) Act 1945 - C’s damages are reduced according to their own responsibility for the damage

Question 17

What are the three remedies for private nuisance?

Answer 17

-Compensatory damages
-Abatement
-Injunctions

Question 18

Explain the rule of law for Compensatory Damages as a remedy for private nuisance

Answer 18

May be awarded where the damage done by the nuisance is quantifiable. Damages for past loss and inconvenience may also be awarded

Question 19

Explain the rule of law for Abatement as a remedy for private nuisance

Answer 19

C is entitled to take steps to alleviate the nuisance. (e.g cutting down branches of a tree that intrudes on their property)

Question 20

Explain the rule of law for Injuctions as a remedy for private nuisance. Name the key cases

Answer 20

an equitable remedy (only awarded if it is fair and just to do so) and as such they are at the discretion of the court. The court may refuse an injunction if it is not in public interest and award damages instead (Miller v Jackson)
Injunctions can be tailored to meet the exact circumstances of the case (Kennaway v Thompson)