private nuisance

Question 1

what is private nuisance

Answer 1

an unlawful, indirect interference with another person’s use or enjoyment of land in which they have an interest

Question 2

claimant

Answer 2

must have a legal interest in the land affected by the nuisance
Hunter v Canary Wharf

Question 3

defendant

Answer 3

the occupier of the land, the creator of the nuisance, someone who adopted the nuisance
Tetley v Chitty, Sedleigh Denfield

Question 4

Indirect interference

Answer 4

Only indirect interference gives rise to liability such as:
noise - Sturges v Bridgman Smoke
fumes - St Helens Smelting v Tipping

Question 5

what is interference

Answer 5

Interference can be damage to property OR interference with comfort or the enjoyment of land
Halsey v Esso Petroleum,

Question 6

unlawful interference

Answer 6

to assess unreasonableness the courts will consider:
Locality; Kennaway v Thompson
Duration; Crown River Cruises, Bolton v Stone
Abnormal sensitivity of the claimant: McKinnon v Walker
The presence of malice: Christie v Davey, Hollywood Silver Fox Farm v Emmett
Social Utility of D’s conduct: Dennis v MOD

Question 7

what are the potential defences

Answer 7

volenti
prescription - The activity complained of must have been continuously carried out for at least 20 years. - Sturgess v Bridgman
statutory authority - Allen v Gulf Oil

Question 8

planning permission

Answer 8

not a defence
Wheeler v Saunders

Question 9

what are not defences to PN

Answer 9

Coming to the nuisance – unless the defence of prescription applies
Yewdale Public House v St Andrew’s Parish Church

social utility - the fact that the defendant’s activity is of social utility and benefit to the general community does not amount to a defence
Adams v Ursell