Private Nuisance Flashcards
What is private nuisance?
An unlawful interference for a great length of time with a persons right to enjoy or use their land in a reasonable way
What must a claimant show?
- They have the right to be able to sue
- There has been an indirect interference
- Interference is sufficiently serious in circumstances to be unlawful
Who is a claimant?
The claimant must be someone with a legal interest in the land
Hunter v Canary wharf
Who is the defendant?
• the creator of the nuisance
• a person who may have adopted the nuisance- Sedleigh-Denfield v O’Callaghan
• a landlord if he approved the actions of the tennant- Tetley v Chitty
What is an interference?
The interference has to be indirect (such as nice on land that affects the people next door) and is usually continuous rather than just one occasion (there are exceptions)
Types of interference
- Physical damage to the land
- Loss of amenity
Examples of physical damage to land
•Gases from a factory killing flowers - St Helens smelting v tipping
• Oil Smits from a refinery covering washing pegged on line - Halsey v Esso Petroleum
• Water damage if drain overflowed - Sedleigh v Denfield
• Damage to foundations caused by vibration
Examples of loss of amenity
• Preventing getting a good night’s sleep - Kennaway v Thompson
• Unpleasant smells - Wheeler v Saunders
• Being overlooked (watched) - Team and others V Board of trustees of the Tate gallery
What does the court take into account?
• Sensitivity of climent
• Locality of events
• Duration of the nuisance
• Social utilitiy of defendant’s actions
• Motive behind defendants actions
Case for sensitivity of climent
McKinnon v Walker
Case of locality of events
St Helen Smelting v Tipping
Cases of duration of the nuisance
Bolton v stone
Crown river cruises v Kimbolton fireworks
Case for social utilitiy
Dennis v MOD
Cases for malice
Hollywood sliver fox farm v Emmett
Christie v Davey
Defences of private nuisance
Volenti (consent)
Prescription
Statutory authority
Volenti
Where the defendant has consented to the action (by moving next to him) this was not the case in Sturgess v Bridgeman as even though the other place was there first he had not consented
Prescription
When the c moved to the nuisance with the nuisance having been happening for at least 20 years
Statutory authority
Where the nuisance is being carried out under legislation it is most likely in the interest of others
Allen v Gulf oil
What are the remedies for private nuisance?
Injunction
Damages
Abatement
Injunction
The nuisance is prohibited but this may not be granted for social utilitiy cases
Damages
To pay when any physical damage has occurred
Abatement
Gives climent right ot deal with nuisance themselves
