Private Nuisance Flashcards
What can private nuisance be for
Physical damage to land
Loss of amenity
Who can be C
Legal interest in land
Hunter V Canary Wharf
Who is D
Creator of nuisance
Or tenant if he adopts activity of creator
Tetley V Chitty
Who was right to bring action
Legal interest in land
Eg owner of land
What must there be
C have right to bring action
D is capable of being sue made nuisance
Loss of amenity or damage
Unlawful interference
What must the nuisance be
Unlawful interference
Test for unlawful interference
Locality
Duration
Degree of inference
Sensitivity
Social utility
Malice
Locality
Halsey V esso petroleum
Locality - quote
Sturges V bridgeman
“What would be a nuisance in belgrave square would not necessarily be so in Bermondsey”
Duration
20 mins is enough
Crown river cruises V kimbleton fire works
Degree of interference
Barr V biffa waste
Frequency - high frequencies is most likely unlawful
Sensitivity
Bridlington rely V Yorkshire electricity
Just cos C is using property for extra sensitive use does not give C the right for special treatment
Social utility
Dennis V ministry of defence
Does D conduct provide use for society?
Malice
Hollywood silver fox farm V emmet
If nuisance is done deliberately to harm someone then it’s unlawful
Smell
Bliss V hall
