Private Nuisance Flashcards
What is PN?
‘an unlawful indirect interference with another’s use or enjoyment of land coming from a neighbouring land’
What is PN about
a civil dispute between individuals about enjoyment and use of land coming
What does the case of Dobson V Thames Water say about potential Cs ?
anyone with an interest in the land is a potential C
Who can’t claim under PN?
visitor/guest/children (Hunter V Canary)
Under what act have there been challenges to who can claim under PN?
Human Rights Act 1998 Art. 8
What case shows that the challenges to who can claim under PN hasn’t succeeded?
Marcic V Thames Water
Who is a potential D & case?
anyone causing or allowing the nuisance (Tetley V Chitty)
does the D have to be have an interest in the land ?
No
How can a D be liable without creating the nuisance ( 2 ways and cases)
by adopting it (Sedleigh Denfield V O’Callaghan)
by natural causes with the D didn’t deal with (Leaky V National Trust)
What is the first element of PN
must be an unlawful use of the land
What does the first element say?
doesn’t have to be criminal but ‘if in all circumst. is it reasonable for C to have to suffer the interference’
What is the case for unlawful use of land
Southwark London Borough V Mills
What is the second element of PN
Indirect Interference
what are some examples of indirect interferences & case
fumes, noise, smoke, smells, & vibrations from machinery (St Helens Smelting V Tipping)
What is protected under II & case?
feelings of emotional distress (Thompson-Schwab V Costaki)
What ISN’T protected under II & case?
things of delight (Bland V Moseley)
right to light
right to a view
right to TV signal (Hunter V Canary)
What is the third element of PN
balancing interests of C & D (factors of reasonableness)
What are the 5 factors of reasonableness?
Locality test
Duration test
Sensitivity of C
Malice test
Social Benefit Test
What does LJ Thesiger say about the LT in Sturges V Bridgman
‘What would be a nuisance in Belgrave Square (residential) would not necessarily be so in Bermondsey (industrial)’
What must you consider for the locality test?
Residential? Mix of industrial and commercial? town/city? change in character over time?
What is considered under the duration test & case?
how long does it last ?
how often does it occur?
unsociable hours (Halsey V Esso Petroleum)
What does the case of Crown River Cruises V Kimbolton Fireworks Ltd. say about DT?
is it temporary/ a one time thing ?
What is the sensitivity of the C about & case?
too sensitive= D use of land reasonable (Robinson V Kilvert)
What does it say under Network Rail V Morris about Cs sensitivity?
law is moving away from considering ‘abnormal sensitivity’
What is the Malice Test & cases?
Is the interference deliberate ? (Hollywood Silver Fox Farm V Emmett/ Christie V Davey)
What is a social benefit & case?
Is the ‘nuisance’ socially useful/ benefit community (Miller V Jackson)- cricket club=socially useful
What is the case of Adam’s V Ursell about under SB test?
A fish and chip shop is not socially useful
