Private Nuisance Flashcards
When can a claimant bring a tort of nuisance claim?
If their enjoyment of their land is affected by the defendant’s actions.
Who is the burden of proof on?
On the claimant on the balance of probabilities.
What is element one?
The claimant must have an interest in the land to bring a claim.
What is an interest in the land?
They own or rent the land.
What happened in Hunter?
When can the defendant be sued?
If they are in possession or control of the land and they are allowing or causing the nusiance.
What can the nuisance be?
A natural cause
What happened in Leakey?
What must the defendant do if they’re aware of the nuisance?
Take action to prevent it.
What is element two?
There must be an unlawful use of the land.
What is meant by unlawful?
Unreasonable in the way it affects the claimant.
What can the interference be?
Indirect- such as noise or fumes.
What happened in Tipping?
What does the court have to decide?
If the use of the land was unreasonable.
How does the court decide if the use of the land was unreasonable?
They consider certain factors of reasonableness.
What are the factors of reasonableness?
- Location.
- Social benefit.
- Duration.
- Malice.
- Sensitivity of the claimant.
What does the court consider regarding location?
- If the nuisance takes place in the countryside or the city, as an individual should expect more noise in the city.
What did Sturges v Bridgman state?
What would be considered a nuisance in Belgrave Square would not necessarily be a nuisance Bermondsey.
What does the court consider regarding social benefit?
The use of land is likely to be reasonable if it provides a social benefit to the local community.
What happened in Miller?
What does the court consider regarding duration?
- The longer the nuisance goes on for, the more likely it is to be unreasonable.
What happened in Crown River Cruises?
What does the court consider regarding time of day?
More likely to be a nuisance at night.
What does the court consider regarding malice?
A deliberate and malicious act is more likely to be unreasonable.
What happened in Silver Fox Farm?
What does the court consider regarding sensitivity of the claimant?
If the claimant or their equipment is particularly sensitive then it is unlikely to be a nuisance because it is not unreasonable.
What happened in Network Rail?
What is element three?
The defendant has a range of defences that they are able to claim.
What defences does the defendant have?
- Prescription.
- Statutory authority.
- Contributory negligence.
- Consent.
What is prescription?
The claimant has 20 years to a bring a claim, after that it’s not a nuisance.
What is statutory authority?
When the defendant had permission to.
What happened in Allen v Gulf Oil?
How does contributory negligence act as a defence?
Reduces the amount of damages that the claimant would recieve.
What happened in Froom?
What happened in Morris?
What is element four?
There are various remedies available to the claimant?
What are the remedies available to the claimant?
- Pecuniary/non-pecuniary damages.
- An injunction.
