Private Nuisance

Question 1

What is private nuisance?

Answer 1

An unlawful interference for a great length of time with a persons right to enjoy or use their land in a reasonable way

Question 2

What must a claimant show?

Answer 2

1. They have the right to be able to sue
2. There has been an indirect interference
3. Interference is sufficiently serious in circumstances to be unlawful

Question 3

Who is a claimant?

Answer 3

The claimant must be someone with a legal interest in the land
Hunter v Canary wharf

Question 4

Who is the defendant?

Answer 4

• 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

Question 5

What is an interference?

Answer 5

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)

Question 6

Types of interference

Answer 6

1. Physical damage to the land
2. Loss of amenity

Question 7

Examples of physical damage to land

Answer 7

•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

Question 8

Examples of loss of amenity

Answer 8

• 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

Question 9

What does the court take into account?

Answer 9

• Sensitivity of climent
• Locality of events
• Duration of the nuisance
• Social utilitiy of defendant’s actions
• Motive behind defendants actions

Question 10

Case for sensitivity of climent

Answer 10

McKinnon v Walker

Question 11

Case of locality of events

Answer 11

St Helen Smelting v Tipping

Question 12

Cases of duration of the nuisance

Answer 12

Bolton v stone
Crown river cruises v Kimbolton fireworks

Question 13

Case for social utilitiy

Answer 13

Dennis v MOD

Question 14

Cases for malice

Answer 14

Hollywood sliver fox farm v Emmett
Christie v Davey

Question 15

Defences of private nuisance

Answer 15

Volenti (consent)
Prescription
Statutory authority

Question 16

Volenti

Answer 16

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

Question 17

Prescription

Answer 17

When the c moved to the nuisance with the nuisance having been happening for at least 20 years

Question 18

Statutory authority

Answer 18

Where the nuisance is being carried out under legislation it is most likely in the interest of others
Allen v Gulf oil

Question 19

What are the remedies for private nuisance?

Answer 19

Injunction
Damages
Abatement

Question 20

Injunction

Answer 20

The nuisance is prohibited but this may not be granted for social utilitiy cases

Question 21

Damages

Answer 21

To pay when any physical damage has occurred

Question 22

Abatement

Answer 22

Gives climent right ot deal with nuisance themselves