private nuisance

Question 1

private nuisance

Answer 1

unlawful indirect interference with a person’s use/enjoyment of land coming from neighbouring land’

Question 2

what is the aim of a private nuisance claim

Answer 2

Aims to balance interests of the party involved (Compromise)

Question 3

what is the case law for the private nuisance definition

Answer 3

Bamford v Turnley (1862)

Question 4

what are the loss of amenity nuisances

Answer 4

noise
sound
smell

Question 5

how is it decided what is ‘unreasonable’

Answer 5

factors of reasonableness:
nature of the area
malice
social benefit
duration of the action (repeated?)
sensitivity of claimant

Question 6

what are the two main types of private nuisance

Answer 6

loss of amenity
material damage (physical damage)

Question 7

what does the defendant have to have in order for the claim to go through

Answer 7

D must have an interest in the land in order to be able to claim

Question 8

outline ‘malice’ as a factor of reasonableness

Answer 8

deliberately harmful act which would normally be considered unreasonable behaviour + a nuisance

Question 9

what is the case law for ‘malice’ as a factor of reasonableness

Answer 9

Hollywood silver fox farm v Emmet (1936)

Question 10

outline ‘nature of the area’ as a factor of reasonableness

Answer 10

character of neighbourhood must be considered

Question 11

what is the case law for ‘nature of the area’ as a factor of reasonableness

Answer 11

Sturges v Bridgman (1879) - ‘what would be nuisance in Belgrave square wouldn’t necessarily be so in Bermondsey’

Question 12

what is the case law for ‘social benefit’ as a factor of reasonableness

Answer 12

Miller v Jackson

Question 12

outline ‘social benefit’ as a factor of reasonableness

Answer 12

if Defendant is providing a benefit to the community, it will be taken into account

Question 13

outline ‘duration’ as a factor of reasonableness

Answer 13

to be actionable, the interference is likely to be continuous and carried on at unreasonable hours of the day

Question 14

what is the case law for ‘duration’ as a factor of reasonableness

Answer 14

crown river cruises LTD (1996)

Question 15

what is the acronym for the factors of reasonableness

Answer 15

M - malice
A - area or locality
I - if claimant is particularly sensitive
D - duration of the interference
S - social benefit

Question 17

outline ‘sensitivity of claimant’ as a factor of reasonableness

Answer 17

if claimant is particularly sensitive, action may not be a nuisance

Question 18

what is the case law for ‘sensitivity of claimant’ as a factor of reasonableness

Answer 18

network rail infrastructure v Morris (2004)

Question 19

what are the three defences applicable to a claim of private nuisance

Answer 19

prescription
moving to nuisance
statutory authority

Question 20

outline prescription as a defence to private nuisance

Answer 20

• 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.

Question 21

what is the case law for ‘prescription’ as a defence to private nuisance

Answer 21

Sturges v bridgman (1879)

Question 22

outline ‘moving to nuisance’ as a defence to private nuisance

Answer 22

D may argue that C is only suffering nuisance as he /she has moved closer to the alleged problem
- NOT A DEFENCE

Question 23

what is the case law for ‘moving to nuisance’ as a defence to private nuisance

Answer 23

Miller v Jackson

Question 24

outline ‘statutory authority’ as a defence to private nuisance

Answer 24

most effective defence

Question 25

what is the case law for ‘statutory authority’ as a defence to private nuisance

Answer 25

Allen v Gulf oil refining 1981

Question 26

outline injunctions as a remedy for private nuisance

Answer 26

most common remedy for a nuisance claim (this is generally prohibitory, ordering the defendant to stop causing the nuisance.

Question 27

what is the case law for ‘injunctions’ as a remedy for private nuisance

Answer 27

Coventry v Lawrence 2014

Question 28

what is the shelfer test

Answer 28

Sets out that damages should be awarded over an injunction when the injury to the claimants rights were small.