Private Nuisance Flashcards
What is private nuisance?
Private nuisance is defined as an unlawful, indirect interference with another person’s use or enjoyment of land, or their rights over it.
What is the difference between prima facie nuisance and interference?
Prima facie nuisance causes physical damage, while interference requires proof of unreasonableness.
Example case: Halsey v Esso Petroleum.
What must C have to claim private nuisance?
C must have a proprietary interest, such as being the owner or tenant of the house.
Example case: Hunter v Canary Wharf.
Can a guest or family member claim private nuisance?
No, a guest or family member cannot claim as they do not have a proprietary interest.
What is required of D in a private nuisance case?
D must be the occupier of the land causing the nuisance.
Example case: Tetley v Chitty.
What are some examples of nuisances?
Examples include heat/light/dust, noise and vibrations, noisy neighbours, smells, and oily smuts/soot/smoke/fumes.
Example cases: Halsey v Esso Petroleum, Sturges v Bridgman, Coventry v Lawrence, Adams v Ursell, St Helens Smelting v Tipping.
What is the nature of D’s nuisance if it is indirect?
D’s nuisance is indirect if it interferes with C’s use or enjoyment of land, such as through noise and smells.
What factors do courts consider to determine unreasonableness?
The court considers several factors, including locality and duration of the interference.
How can locality affect the unreasonableness of an interference?
The character of the area can make an interference unreasonable.
Example case: Laws v Florinplace.
What is the significance of duration in private nuisance?
The duration must usually be regular and ongoing to be considered unreasonable.
Example cases: De Keyser’s Hotel v Spicer Bros, Crown River Cruises v Kimbolton Fireworks.
What makes interference unreasonable?
Interference is unreasonable if it is regular and ongoing, such as occurring every weekend all summer long.
How does malice affect the reasonableness of interference?
Malice shown by the defendant makes the interference unreasonable.
Example: If D played music louder on purpose after complaints, this demonstrates malice.
What is the effect of a claimant’s particular sensitivity on the reasonableness of interference?
The particular sensitivity of the claimant may mean the defendant’s use of land is not unreasonable.
Example: If C is an unusually light sleeper, this may make D’s interference less likely to be seen as unreasonable.
How do human rights considerations apply to interference?
The human rights of the claimant will be considered if there is a violation of Article 8 of the ECHR, which protects the right to private family life.
Example: If the noise significantly affects C’s right to a private family life, C could bring a human rights action.
What is the likely outcome regarding liability in cases of unreasonable interference?
It is likely that D will be liable.
What is the statutory authority defense in nuisance cases?
Statutory authority may be a defense if the interference is authorized by law, but D must still use reasonable care.
Example: If the oil refinery was created under an Act of Parliament, this may provide a defense.
Can local authority planning permission provide a defense in nuisance cases?
Local authority planning permission can be considered but does not provide an absolute defense.
What is the prescription defense in nuisance cases?
Prescription may be a defense if the nuisance has been uniformly created by the defendant for over 20 years.
Example: If C and D lived next door for 25 years while the noise was created, this may apply.
What is the act of a stranger defense in nuisance cases?
The act of a stranger may be a defense if the interference was caused by someone over whom the defendant had no control.
Example: If the noise was caused by trespassers, D may have a defense.
What is the defence of ‘moving to the nuisance’?
D may argue that C shouldn’t disrupt the activity of the established resident, but this is no defence as held in Miller v Jackson. It may be considered when awarding remedies.
D cannot claim they are entitled to continue the noise, as they have been doing so for 25 years before C moved in and complained.
What is the significance of social utility in nuisance cases?
D cannot claim social usefulness as a reason to continue the interference (Bellew v Cement Co, Miller v Jackson). However, it may be a consideration when deciding remedies (Adams v Ursell).
D cannot claim they are entitled to continue the noise, as they are the only factory in the town that makes hospital equipment.
What are the implications of damages in nuisance cases?
Damages may be awarded (Miller v Jackson). In Coventry v Lawrence, it was held that damages should be preferred to an injunction, especially where local authority planning permission has been granted or for public policy issues.
The court will award C damages as a matter of public policy to reduce the impact of the interference (thicker windows/double glazing, or ventilation for smells).
What types of injunctions can be ordered in nuisance cases?
A prohibitory injunction prevents D from continuing with the use of land completely, while a partial injunction limits part of the activity or its timing (Kennaway v Thompson).
The court may issue a prohibitory injunction if the interference is unnecessary and done with malice, or a partial injunction to reduce the operating hours if D is running a business.
What is abatement in nuisance law?
Abatement allows C to reduce or mitigate the nuisance through self-help, as in Lemon v Webb.
C is entitled to cut back D’s branches that are hanging over into C’s garden.
