Private Nuisance

Question 1

Private nuisance

Answer 1

Unlawful interference with a persons use or enjoyment of land
C must demonstrate appropriate legal interest in land affected
(Hunter v Canary Wharf)

Question 2

3 factors to decide if it’s a nuisance or not

Answer 2

Locality- in an industrial area you except more noise and in a rural area you expect less noise (Leeman v Montague)
Duration- the longer lasting the interference is the more likely it is to be unlawful (Cunard v Antifyre)
Motive and Malice- If D is motivated by malice it is more likely to be unlawful (Christey v Davey)

Question 3

Defences:

Answer 3

Statutory authority- parliament gives permission (Allen v Gulf Oil)
Planning permission- characters of neighbourhood change from rural to commercial (Gillingham v Medway)
Prescription- if D tolerates nuisance for more than 20 years

Question 4

Remedies

Answer 4

Compensation
Abatement
Injunction