Private Nuisance

Question 1

What is private nuisance defined as?

Answer 1

‘An unlawful interference with a persons use or enjoyment of land coming from neighbouring land’

Question 2

Name the key case that shows the only persons who can make a claim are those with an interest in the land

Answer 2

Hunter v Canary Wharf

Question 3

Those who can be sued are those who.. what case shows this?

Answer 3

are causing the nuisance
- Tetley v Chitty

Question 4

Name the key case for those allowing a naturally occurring nuisance to continue when they’re aware of it

Answer 4

Leakey v National Trust

Question 5

There has to be an _____ interference with through causing damage or with the..

Answer 5

indirect
C’s use or enjoyment of land

Question 6

List 4 examples of indirect interference

Answer 6

vibrations, smells, noise, hot air.

Question 7

name the key case for indirect interference

Answer 7

St Helen’s Smelting

Question 8

What interference will not be covered by private nuisance?

Answer 8

interference with purely aesthetic reasons

Question 9

Name the key case for a C cannot sue for personal injury

Answer 9

Malone v Laskey

Question 10

What is unlawful in private nuisance?

Answer 10

Unreasonable

Question 11

List the 4 factors that unreasonableness is dependent on

Answer 11

• Locality
• Duration + Time of day
• If C may be abnormally sensitive
• Malice

Question 12

List the 6 possible natures of the locality

Answer 12

• Purely residential
• Partly residential
• Partly commercial
• Industrial
• Situated in town/country
• If character of area has changed over time

Question 13

What did Thesiger LG in Sturges v Bridgman state about locality?

Answer 13

‘What would be a nuisance in Belgrave Sqaure would not nesessarily be a nuisance in Belmondsey’

Question 13

Name the case that links with Thesiger LG’s statement

Answer 13

Laws v Florinplace

Question 14

What is considered unreasonable and reasonable for duration of interference?

Answer 14

reasonable - once/during the day
unreasonable- continuous/at night

Question 15

Name the two cases for duration of interference

Answer 15

• Spicer v Smee
• Crown River Cruises v Kimbolton

Question 16

Name the key case for sensitivity of claimant

Answer 16

Robinson v Kilbert

Question 17

Name the key case for ‘the law has now returned to a test of forseeability’

Answer 17

Network Rail v Morris

Question 18

Name the key case for malice

Answer 18

Hollywood Silver Fox Farm v Emmett

Question 19

Name the key case for malice where an injunction was granted

Answer 19

Christie v Davey

Question 20

Any successful claim will have a ____ of either an injunction…. or damages where there is a ______ _______

Answer 20

• remedy
• injunction, prohibiting D from continuing the activity.
• social utility argument

Question 21

when are damages usually granted?

Answer 21

where there is a social utility argument