Private Nuisance Flashcards
What was the legal principle did the case Tetley v Chitty set out?
Legal principle: the person causing or allowing the nuisance can be sued.
What legal principle did the case Sedleigh Denfield v O’Callaghan set out?
Legal Principle: allowing or adopting a nuisance can lead to liability for any damage caused by it.
What legal principle did the case Leakey V National trust set out?
Legal principle: the defendant can still be liable for nuisance caused by natural causes.
What legal principle did the case Hunter v Canary Wharf Ltd set out?
Legal principle: 1. Only people with an interest in the land can bring a claim,2. Loss of amenity such as television signal is not nuisance.
What legal principle did the case Schwab v Costaki set out?
Legal principle: Running a brothel in a respectable area classed as a nuisance
What legal principle did the case Hollywood Silver Fox Farm v Emmett set out?
Legal principle: a case example of Malice being a factor for unreasonableness.
What legal principle did the case Network Rail Infrastructure v Morris set out?
Legal principle: case example of particularly sensitive not being a nuisance.
What legal principle did the case Sturges v Bridgman set out?
Legal principe: The defence only applies to an activity that was an actionable nuisance for at least 20 years.
What legal principle did the case Marcic v Thames Water PLC set out?
Legal principle: statutory authority can deal with nuisance claims.
What legal principle did the case Gillingham Borough Council v Medway Dock co set out?
Legal principle: Planning permission can act as a justification for nuisance.
What legal principle did the case Wheeler v Saunders set out?
Legal principle: confirmed the previous principle that planning permission can only be a defence if it changes the character of the area.
