Private Nuisance

Question 1

What is private nuisance related to

Answer 1

Torts related to land

Question 2

What is private nuisance

Answer 2

Interference with a persons use and enjoyment of land

Question 3

EV 1 - Planning permission not enough to keep from being sued

Answer 3

• e.g Wheeler v Saunders
• no immunity
• surprisingly unfair on D, the point of Planning permission is to take into account any possible nuisance shouldn’t those who grant planning permission be sued?

Question 4

EV 2 - not all nuisances actionable

Answer 4

• Hunter v Canary Wharf
• lord lloyd said just because something is an annoyance doesn’t mean its actionable
• alongside interference with light and view doesn’t count as actionable (Bury v Pope)
• Restrictive not effectively balancing rights when these cases had clear interferences with people’s use and enjoyment of their land

Question 5

EV 3 - Moving to a nuisance, can still be sued

Answer 5

• old unpopular precedent
• state Decisis important but the point of the practice statement is to help judges remove old/improper law so why won’t they use it ?
• Sturges v Bridgeman claim was allowed even though they had moved to the nuisance is this fair on both sides ?
• miller v Jackson why was claim allowed even though only awarded contemporary damages ??