Private Nuisance Flashcards
what does Winfield define private nuisance as
‘an unlawful interference with a person’s use or enjoyment of land or some right over, or in connection with it’
what 3 things must C show
1) they have right to bring action + person he is suing is capable of being a D
2) Indirect interference- physical damage or loss of amenity
3) unlawful - an unreasonable use of the land
what must C have in regards to the land + case
legal interest - e.g. owner, occupier - Hunter v Canary Wharf
who is the defendant
the creator of the nuisance (+ occupier if they adopt/ continue activities of the creator)
what can physical damage be to
land, plants, crops and good stored - NOT personal injury
what is loss of amenity with example
no physical damage but C’s ability to use/ enjoy land is restricted by D’s activities e.g. excessive noise
when will the interference be unlawful
if the impact on C is so unreasonable that they should not be expected to put up with it - objective test
what 5 factors do courts use to decide whether the interference was unlawful on an objective level
1) locality
2) duration
3) degree
4) sensitivity
5) malice
what case stated, in relation to locality, ‘what would be a nuisance in Belgrave Square would not necessarily be so in Bermondsey’
Sturges v Bridgman
where will a wider range of activities be allowed
in industrial areas rather than residential
what case stated that locality irrelevant if there is physical damage
St Helens Smelting v Tipping
what cases stated in relation to locality that can be acceptable activity carries out in wrong area
Laws v Forinplace
explain duration
more often something happens, more likely it is to be a nuisance
what case stated that even a single incident can amount to nuisance
Crown River Cruises
what case stated that temporary interference can also be nuisance
De Keyer’s Royal Hotel
explain factor of degree
more serious/ worse an interference, more likely it is to be a nuisance
is physical damage unreasonable
yes
if there is a loss of amenity/ enjoyment, what must the court decide + case
if nuisance materially interferes with ordinary existence - Walter v Selfe
in what case did no one else complain so no nuisance
Murdoch v Glacier Metal
If C using property for extra-sensitive use when can they not claim
in circumstances where a reasonable use would not need protection
C cannot increase the liability of a neighbour by applying…
own property to special uses
what case states that if D’s activities would have interfered with ordinary use of C’s land, C can claim for all losses
McKinnon v Walker
explain malice factor with case
Hollywood Silver Fox Farm: if D deliberately does something with no purpose other than to annoy C, D’s malice can make unlawful something which might not otherwise be a nuisance
what 4 defences are available for nuisance
1) statutory authority
2) prescription
3) planning permission
4) violenti non fit injuria
