Private Nuisance

Question 1

Private Nuisance Definition?

Answer 1

Unlawful interference with a persons use or enjoyment of land

Question 2

Who can claim?

Answer 2

Anyone with legal interest in land, who’s affected by nuisance
- Hunter v Canary Wharf

Question 3

Who can be sued?

Answer 3

Person causing/ allowing nuisance
- Tetley v Chitty
- Sedleigh-Denfield v O’Callaghan

Question 4

What is ‘Unlawful’ ?

Answer 4

Need not be illegal, but unreasonable for claimant to suffer

Question 5

Factors to consider for ‘Unlawfulness’
- with cases

Answer 5

• Malice - Christie v Davey
• Locality - Miller v Jackson
• Duration - Crown River Cruises v Kimbolton Fireworks
• Social benefit - Sturges v Bridgeman
• Claimant Sensitivity - Robinson v Kilvert

Question 6

What is the fault requirement for Private Nuisance?

Answer 6

Must show unreasonable actions and/or damage

Question 7

Examples of Nuisances
- with cases

Answer 7

• Fumes - Adams v Ursell
• Noise - Coventry v Lawrence
• Sex Shop - Laws v Florinplace

Question 8

Defences for private nuisance
name 2 with cases

Answer 8

Statutory Authority
Permitted by Act of parliament to do activity in which nuisance is unavoidable
-Allen v Gulf Oil

Prescription
If D committed nuisance without objection for 20 years
- Sturges v Bridgeman

Question 9

Remedies for Private Nuisance
- Name three with cases

Answer 9

Injunction:
Court order to prohibit/control activity
- Kennaway v Thompson

Damages

Abatement:
Claimant can deal with nuisance themselves
- Lemon v Webb