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Private Nuisance Flashcards

1
Q

What are the 3 things that have to be proven in order to sue for private nuisance?

A

1) Interference with the use or enjoyment of land

2) Damage to the claimant that was foreseeable

3) The interference is unlawful

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2
Q

Private Nuisance definition

A

‘An unlawful (unreasonable) interference with a person’s use or enjoyment of land coming
from neighbouring land’

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3
Q

Interference case for Noise and Vibrations?

A

Sturges v Bridgeman

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4
Q

Interference case Sturges v Bridgeman is an example of what?

A

Noise and Vibrations

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5
Q

Interference case St Helens Smelting v Tipping is an example for what?

A

Smoke and Fumes

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6
Q

Interference case for smoke and fumes?

A

St Helens Smelting v Tipping

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7
Q

Interference case Bliss v Hall is an example of what?

A

Smells

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8
Q

Interference case for smells?

A

Bliss v Hall

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9
Q

Interference case Halsey v Esso Petroleum is an example of what?

A

Smells and physical damage

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10
Q

Interference case for Smells and physical damage?

A

Halsey v Esso Petroleum

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11
Q

Interference case Hunter v Canary Wharf is an example of what?

A

Blocking Tv Reception

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12
Q

Interference case for Blocking Tv Reception?

A

Hunter v Canary Wharf

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13
Q

For damage what must the claimant prove?

A

causation and that the damage was reasonably foreseeable

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14
Q

What principles will the judge consider for unreasonableness?

A

‘give and take’, AKA the ‘let and live’ principle

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15
Q

What is the main factor for unreasonableness?

A

Sensitivity - A defendant is not responsible for damage that occurs solely due to the claimant being abnormally sensitive

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16
Q

What are the two cases for unreasonableness?

A

Robinson v Klivert & Mckinnon Industries v Walker

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17
Q

What happened in Robinson v Klivert?

A

Here delicate brown paper dried out, failed claim as overly sensitive

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18
Q

What’s the contrast to Robinson v Klivert?

A

If the claimant can show that their right to enjoyment has been infringed then you can still claim for damage, even if overly sensitive

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19
Q

What happened in Mckinnon Industries v Walker?

A

Here the claimants sensitive orchids were damaged by fumes and gas - held liable as their right to normal enjoyment had been infringed

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20
Q

Here delicate brown paper dried out, failed claim as overly sensitive - What case is this?

A

Robinson v Klivert

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21
Q

Here the claimants sensitive orchids were damaged by fumes and gas - held liable as their right to normal enjoyment had been infringed - What case is this?

A

Mckinnon Industries v Walker

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22
Q

explain the concept of location in private nuisance

A

A noise in a street full of night clubs is unlikely to be a nuisance, whereas a noise in a rural setting could be

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23
Q

What happened in Sturges v Bridgeman?

A

here a judge stated a nuisance in Belgrave square (Nice Houses) would not be considered a nuisance, whereas a nuisance in Bermondsey (Area of Industry) would not be a nuisance. A doctor sued a confectioner who made a lot of noise and succeeded

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24
Q

here a judge stated a nuisance in Belgrave square (Nice Houses) would not be considered a nuisance, whereas a nuisance in Bermondsey (Area of Industry) would not be a nuisance. A doctor sued a confectioner who made a lot of noise and succeeded - What case is this?

A

Sturges v Bridgeman

25
What happened in St Helens Smelting co v Tipping
An estate agent was situated in an industrial area, was damaged by the copper fumes, Area is not a factor when there is physical damage, so St Helens were liable
26
An estate agent was situated in an industrial area, was damaged by the copper fumes, Area is not a factor when there is physical damage, so St Helens were liable - What case is this?
St Helens Smelting co v Tipping
27
What happened in Murdock v Glacier Metal Co?
A droning noise from a factory prevented someone from sleeping, above WHO levels, not a nuisance as the house was near a bypass, no one else complained
28
A droning noise from a factory prevented someone from sleeping, above WHO levels, not a nuisance as the house was near a bypass, no one else complained - What case is this?
Murdock v Glacier Metal Co
29
What are the 3 cases for locality?
Murdock v Glacier Metal Co St Helens Smelting co v Tipping Sturges v Bridgeman
30
What are the 2 cases for locality/planning permission
Gillingham BC v Medway Wheeler v Saunders
31
What happened in Wheeler v Saunders?
Pig farmer expanded to two more pig houses, near cottage, smelly, didn’t change the nature of the neighbourhood, held liable despite planning permission
32
Pig farmer expanded to two more pig houses, near cottage, smelly, didn’t change the nature of the neighbourhood, held liable despite planning permission - what case is this?
Wheeler v Saunders
33
What happened Gillingham BC v Medway
Planning permission granted to create a commercial port - so no nuisance
34
Planning permission granted to create a commercial port - so no nuisance - What case
Gillingham BC v Medway
35
How does duration come into account in private nuisance?
A regular or continuous activity is more likely to constitute a nuisance, one off event is less likely, short period can still be nuisance
36
What are the two case for duration?
De Keyser’s Royal Hotel v Spicer Bros Crown River Cruises v Kimbolton Fireworks
37
What happened in Crown River Cruises v Kimbolton Fireworks
20 minute firework display could of amounted to a nuisance
38
What happened in De Keyser’s Royal Hotel v Spicer Bros?
An injunction was granted to prevent building work taking place even though it was temporary
39
20 minute firework display could of amounted to a nuisance - what case?
Crown River Cruises v Kimbolton Fireworks
40
An injunction was granted to prevent building work taking place even though it was temporary - what case?
De Keyser’s Royal Hotel v Spicer Bros
41
Explain the point of time in private nuisance
Noise at 2am is more likely to be a nuisance than at 2pm
42
Explain the point of duration in private nuisance
If the noise is loud is more likely to be nuisance than a quiet noise
43
Explain the point of malice in private nuisance
Malice is a bad motive. When malice is present it will turn a reasonable act into a unreasonable one.
44
What's the case for Malice?
Christie v Davey
45
What happened in Christie v Davey?
The claimant was a music teacher, teaching in his house, the defendant deliberately banged trays to get him back, malicious intentions made it that the conduct was unreasonable
46
The claimant was a music teacher, teaching in his house, the defendant deliberately banged trays to get him back, malicious intentions made it that the conduct was unreasonable - What case
Christie v Davey
47
Who can be sued under private nuisance?
1) The creator of the nuisance 2) The occupier of the land - must be aware of the situation to be sued if a third party is creating the nuisance 3) The owner of the land - only if control, authorised it or whether it already existed when the land was let
48
What's the case example for who can be sued under private nuisance?
Tetley v Chitty
49
What happened in Tetley v Chitty?
A local authority allowed go-cart racing on some land, was liable for nuisance
50
A local authority allowed go-cart racing on some land, was liable for nuisance - What is this case?
Tetley v Chitty
51
Who can sue?
1) Need a proprietary interest in the property (those who own or rent) 2) If I live in my friends house for 2 weeks and neighbours create a nuisance I cannot sue.
52
What are examples of non-defences in private nuisance?
Who was there first - IS NOT A DEFENCE Care and skill - IS NOT A DEFENCE Public Benefit - IS NOT A DEFENCE
53
What is the only defence for private nuisance?
Prescription - THIS IS A DEFENCE - If the defendant can acquire the right to commit nuisance if it has been actionable for 20 years and no action has been taken - Sturges v Bridgeman, the defence pleaded prescription but the defence failed because it only became a nuisance when the claimants consulting room was built
54
What are the three remedies in private nuisance?
1) Abatement - Self fixing the problem without breaking the law 2) Damages - Can be awarded for physical damage, doesn’t stop nuisance, if theres a large number of claimants, could open the floodgates, too many people suing - Coventry v Lawrence 2024, claimant purchased property near motor-sport arena, wanted an injunction, but was awarded damages 3) Injunctions - Prohibitory &. Mandatory
55
What are the two types of injunctions?
Prohibitory and mandatory
56
Explain Mandatory injunction
This tells you that you must do something, usually within a certain time period, e.g could be to sound proofs room or fix a smell
57
This tells you that you must do something, usually within a certain time period, e.g could be to sound proofs room or fix a smell - what injunction?
Mandatory injunction
58
Explain Prohibitory injunction
Prohibitory injunction - This stops or limits the defendant from doing something, could be a limit to noise at a certain time or completely stopping the nuisance - Bellew v Cement, where Irelands only cement factory was shut due to nuisance - Kennaway v Thompson, Boat racing on a lake, claimants inherited a house within half a kilometre of the races, noise was a nuisance, injunction - CONTRASTS Miller v Jackson, Judicial discretion was applied for the benefit of the cricket club, an induction was not awarded due to public benefit, just damages

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