Private Nuisance

Question 1

What is PN?

Answer 1

‘an unlawful indirect interference with another’s use or enjoyment of land coming from a neighbouring land’

Question 2

What is PN about

Answer 2

a civil dispute between individuals about enjoyment and use of land coming

Question 3

What does the case of Dobson V Thames Water say about potential Cs ?

Answer 3

anyone with an interest in the land is a potential C

Question 4

Who can’t claim under PN?

Answer 4

visitor/guest/children (Hunter V Canary)

Question 5

Under what act have there been challenges to who can claim under PN?

Answer 5

Human Rights Act 1998 Art. 8

Question 6

What case shows that the challenges to who can claim under PN hasn’t succeeded?

Answer 6

Marcic V Thames Water

Question 7

Who is a potential D & case?

Answer 7

anyone causing or allowing the nuisance (Tetley V Chitty)

Question 8

does the D have to be have an interest in the land ?

Answer 8

No

Question 9

How can a D be liable without creating the nuisance ( 2 ways and cases)

Answer 9

by adopting it (Sedleigh Denfield V O’Callaghan)
by natural causes with the D didn’t deal with (Leaky V National Trust)

Question 10

What is the first element of PN

Answer 10

must be an unlawful use of the land

Question 11

What does the first element say?

Answer 11

doesn’t have to be criminal but ‘if in all circumst. is it reasonable for C to have to suffer the interference’

Question 12

What is the case for unlawful use of land

Answer 12

Southwark London Borough V Mills

Question 13

What is the second element of PN

Answer 13

Indirect Interference

Question 14

what are some examples of indirect interferences & case

Answer 14

fumes, noise, smoke, smells, & vibrations from machinery (St Helens Smelting V Tipping)

Question 15

What is protected under II & case?

Answer 15

feelings of emotional distress (Thompson-Schwab V Costaki)

Question 16

What ISN’T protected under II & case?

Answer 16

things of delight (Bland V Moseley)
right to light
right to a view
right to TV signal (Hunter V Canary)

Question 17

What is the third element of PN

Answer 17

balancing interests of C & D (factors of reasonableness)

Question 18

What are the 5 factors of reasonableness?

Answer 18

Locality test
Duration test
Sensitivity of C
Malice test
Social Benefit Test

Question 19

What does LJ Thesiger say about the LT in Sturges V Bridgman

Answer 19

‘What would be a nuisance in Belgrave Square (residential) would not necessarily be so in Bermondsey (industrial)’

Question 20

What must you consider for the locality test?

Answer 20

Residential? Mix of industrial and commercial? town/city? change in character over time?

Question 21

What is considered under the duration test & case?

Answer 21

how long does it last ?
how often does it occur?
unsociable hours (Halsey V Esso Petroleum)

Question 22

What does the case of Crown River Cruises V Kimbolton Fireworks Ltd. say about DT?

Answer 22

is it temporary/ a one time thing ?

Question 23

What is the sensitivity of the C about & case?

Answer 23

too sensitive= D use of land reasonable (Robinson V Kilvert)

Question 24

What does it say under Network Rail V Morris about Cs sensitivity?

Answer 24

law is moving away from considering ‘abnormal sensitivity’

Question 25

What is the Malice Test & cases?

Answer 25

Is the interference deliberate ? (Hollywood Silver Fox Farm V Emmett/ Christie V Davey)

Question 26

What is a social benefit & case?

Answer 26

Is the ‘nuisance’ socially useful/ benefit community (Miller V Jackson)- cricket club=socially useful

Question 27

What is the case of Adam’s V Ursell about under SB test?

Answer 27

A fish and chip shop is not socially useful