Private Nuisance Flashcards
Definition of private nuisance?
A tort claim where someone’s use or enjoyment of their property is affected by the unreasonable behaviour of a neighbour
Cases for Private Nuisance?
Sedleigh Denfield v O’Callaghan
Leaky v National Trust
Hunter v Canary Wharf
McKenna v British Aluminium
Point of law in Sedleigh Denfield v O’Callaghan for Private Nuisance?
Occupier who knows of the danger and allows it to continue can be liable, even if they did not create it
Point of law in Leaky v National Trust for Private Nuisance?
Nuisance is a natural cause and if D is aware and fails to deal with it can be liable
Point of law in Hunter v Canary Wharf for Private Nuisance?
Cannot claim if no interest in the property
Point of law in McKenna v British Aluminium for Private Nuisance?
Can claim if conflicts with Article 8 ECHR
Types of indirect interferences for private nuisance?
Loss of amenity - smell, noise, fumes
Material damages - fire, oily smuts, hot air rising
Point of law in Thompson v Schwab v Costaki for Private Nuisance?
Brother in a respectful residential area was nuisance
Factors of Reasonableness and Cases for Private Nuisance?
Locality - Sturges v Bridgeman
Duration of Interference - De Keysers Royal Hotel
Sensitivity of Claimant-no claim - Robinson v Kilvert
Malice - Christie v Davey
Social Benefit - Miller v Jackson
Defences for Private Nuisance?
Prescription - action has been carried out for 20 years with no complaints
Moving to Nuisance - no issue previously means no claim
Statutory Authority
Case for prescription for private nuisance?
Sturges v Bridgeman
Case for moving to nuisance for private nuisance?
Miller v Jackson
Case for Statutory Authority for private nuisance?
Allen v Gulf Oil Refining
Remedies for Private Nuisance?
Injunction
Award of Damages
Shelf test - damages should be awarded over an injunction when injury to claimant’s rights were small
Case for remedies for private nuisance?
Coventry v Lawrence
