Private nuisance

Question 1

what does hunter v canary wharf say about who can sue

Answer 1

c musthave a proprietary interest/legal rights in the land being affected

Question 2

what does tetley v chitty say about who can be sued

Answer 2

the owner and occupier of the land can be sued

Question 3

what is the case for physical damage and what was the consequence

Answer 3

sedleigh denfield v o callaghan
flooding/ tree roots

Question 4

whats the case for non physical discomfort regarding noise

Answer 4

christie v davies

Question 5

whats the case for non physical discomfort regarding smell

Answer 5

wheeler v saunders

Question 6

whats a continueing interfereance

Answer 6

a natural hazard which develops and D fails to take precaitions to stop it interfereing with other land

Question 7

whats the legal principle of leakey v national trust

Answer 7

despite not causing the landlside, the failure to do anything about it was enough for interference

Question 8

what does sensitivity of C’s use mean

Answer 8

c has only suffered due to some ‘abnormal sensitivity’ of their land/use of it, or if the interfrence wouldve affected other people on that land the same way

Question 9

whats the case for commin and ordinary use NOT being affected

Answer 9

network rail infastructure LTD v Morris

Question 10

What does recreational activities mean

Answer 10

c cannot sue if the thing being affectrd is merely a fun thing to do on land rather than the fundamental use of it

Question 11

whats the legal principle of AG v Doughty

Answer 11

blocking a view isnt interfering with the use of enjoyment of land

Question 12

whats the legal principle of hunter v canary wharf regarding common and ordinary use

Answer 12

watching tv is not using or enjoying land, its a recreational activity

Question 13

whats the case for substantial interference

Answer 13

hasley v esso petroleum

Question 14

whats the rule about physical damage being substantial

Answer 14

anything that causes physical damage is enough to be a substantial interference

Question 15

whats the rule about non physical damamge being substantial

Answer 15

must make it physically unpleasent to be on the land to be substantial

Question 16

whats the case for unlawful interference

Answer 16

Fearn v Tate gallery

Question 17

whats the legal principle for fearn v tate gallery

Answer 17

there must be some give and take between neighbours and the key question is about whether D’s use goes beyond what is common and ordinary

Question 18

what is the case for locality

Answer 18

sturges v bridgman

Question 19

whats the case for duration

Answer 19

hasley v esso petroleum

noise is common during the day and not at night

Question 20

legal principle of crown river cruises v kimbolton fireworks?

Answer 20

even a temporary interference can go beyond ordinary if the interference is severe

Question 21

whats the case for malice
(D being with bad intentions)

Answer 21

Christie v Davey

Question 22

whats the two defences to private nuisance

Answer 22

prescription and planning permission

Question 23

whats prescription

Answer 23

D has carried out the nuisance on C for 20 years, D is prescribed the right to continue that activity

Question 24

whats planning permission

Answer 24

grants D a chance to show his use has become common and orindary for his area

Question 25

case for prescrition and legal principle?

Answer 25

Sturges v Bridgman D can only be prescribed the right if his act has been a nuisance for 20 years

Question 26

case for planning permission and principle?

Answer 26

Wheeler v saunders planning perm doesnt change the locality, just gives permission for D to try and change the locality. if he is unsuccessful and his use is still considered uncommon for that area then his actions are still a nuisance

Question 27

what are the three remedies

Answer 27

injunction damage abatement

Question 28

whats injunction mean

Answer 28

can make D stop doing something or make D do something they can be perpetual which asks D to stop activity completely or partial which limits what D can do

Question 29

what does the remedie damages mean

Answer 29

damages have been awarded where the claimant has suffered a loss of discomfort

Question 30

case for the remedie damage?

Answer 30

coventry v lawrence- damages may be an increasing remedy in future caeses

Question 31

what does abatement mean

Answer 31

letting c do something to prevent nuisance