private nuisance Flashcards
private nuisance
unlawful indirect interference with a person’s use/enjoyment of land coming from neighbouring land’
what is the aim of a private nuisance claim
Aims to balance interests of the party involved (Compromise)
what is the case law for the private nuisance definition
Bamford v Turnley (1862)
what are the loss of amenity nuisances
noise
sound
smell
(Can be a visual intrusion (fern v Tate gallery)
how is it decided what is ‘unreasonable’
factors of reasonableness:
nature of the area
malice
social benefit
duration of the action (repeated?)
sensitivity of claimant
what are the two main types of private nuisance
loss of amenity
material damage (physical damage)
what does the defendant have to have in order for the claim to go through
D must have an interest in the land
outline ‘malice’ as a factor of reasonableness
deliberately harmful act which would normally be considered unreasonable behaviour + a nuisance
what is the case law for ‘malice’ as a factor of reasonableness
Hollywood silver fox farm v Emmet (1936)
outline ‘nature of the area’ as a factor of reasonableness
character of neighbourhood must be considered
what is the case law for ‘nature of the area’ as a factor of reasonableness
Sturges v Bridgman (1879) - ‘what would be nuisance in Belgrave square wouldn’t necessarily be so in Bermondsey’
what is the case law for ‘social benefit’ as a factor of reasonableness
Miller v Jackson
outline ‘social benefit’ as a factor of reasonableness
if Defendant is providing a benefit to the community, it will be taken into account
outline ‘duration’ as a factor of reasonableness
interference should be continuous and carried on at unreasonable hours of the day
what is the case law for ‘duration’ as a factor of reasonableness
crown river cruises LTD (1996)
what is the acronym for the factors of reasonableness
M - malice
A - area or locality
I - if claimant is particularly sensitive
D - duration of the interference
S - social benefit
outline ‘sensitivity of claimant’ as a factor of reasonableness
if claimant is particularly sensitive, action may not be a nuisance
what is the case law for ‘sensitivity of claimant’ as a factor of reasonableness
network rail infrastructure v Morris (2004)
what are the two defences applicable to a claim of private nuisance
prescription
statutory authority
outline prescription as a defence to private nuisance
- unique to private nuisance.
May be defence if action has been carried on for at least 20 years and there has been no complaint between the parties in that time.
what is the case law for ‘prescription’ as a defence to private nuisance
Sturges v bridgman (1879)
what is the case law for ‘moving to nuisance’ as a defence to private nuisance
Miller v Jackson
outline ‘statutory authority’ as a defence to private nuisance
most effective defence
what is the case law for ‘statutory authority’ as a defence to private nuisance
Allen v Gulf oil refining 1981
outline injunctions as a remedy for private nuisance
most common remedy for a nuisance claim (this is generally prohibitory, ordering the defendant to stop causing the nuisance.
what is the case law for ‘injunctions’ as a remedy for private nuisance
Coventry v Lawrence 2014
