Private Nuisance

Question 1

Who can claim

Answer 1

Tennant and homeowners
(Hunter v Canary Wharf)

Question 2

Who can be sued

Answer 2

.Creators
Even if not in occupation anymore (tettly v chitty)
Damage must have been foreseeable to creator (camberudge water v eastern counties leather)

.occupiers but not if work done by IC unless it was a non delagable duty
(Leaky v National trust)
(Anthiny v coal authority)

.landlords can’t be sued if have parted ways with the land but can if they knew or ought to have known about the nusiance

Question 3

General test

Answer 3

The unlawful interference with a person’s use or enjoyment of land, coming from a neighbouring land

Question 4

Stage 1

Answer 4

Unlawful
Interference alone is insufficient
Must amount to unlawful use of land
“In all circumstances is it reasonable for the claimant to have to suffer the particular interference”

Question 5

Stage 2

Answer 5

Indirect interference
Smell sound sight vibrations physical things
(Hunter v canary wharf) tv not protected
Countryside and light also not protected
Emotions protected (schwab v costaki)

Question 6

Stage 3

Answer 6

Factors of reasonableness
.locality (Gillingham v medway)
.duration (crown river cruises v Kimbolton fireworks)
.sensitivity (stops unreasonableness)
(Mckinnon v walker) okay if non sensitive stuff also damaged
(Network rail v morris) forseeability test
.malice (Hollywood silver fox farm v emmet)
.social benefit (Miller v jackson)