Private Nuisance

Question 1

What is private nuisance?(intro to answer.)

Answer 1

Private nuisance occurs when an unlawful interference for a substantial length of time interferes with a persons right to enjoy or use his land in a reasonable way

Question 2

To prove private nuisance the claimant must show what 3 things

Answer 2

1) do you have the right to bring an action and that the person they are seeing is capable of being the defendant?
2) there was an interference in the form of Eva physical damage or loss of amenity
3) interference is sufficiently serious in all the circumstances to be unlawful

Question 3

Which two parties are involved in a private claim

Answer 3

The claimant and the defendant

Question 4

Who is the claimant in a private nuisance case? in which case demonstrates this?

Answer 4

This is the person who has a legal proprietary interest in the land so they can either be an owner or a tenant as seen in the case of Hunter v Canary wharf

Question 5

Who is the defendant in a private nuisance case in which case demonstrates this?

Answer 5

The defendant is the creator of the nuisance or the person who authorises the nuisance acid in the case of tetley v Chity or cocking v eacott

Question 6

What types of interference can occur in a private nuisance claim?

Answer 6

Interference can either be physical damage to the land or a loss of enjoyment of the land.

Question 7

What case illustrates flooding as an example of private nuisance?

Answer 7

Sedleigh-Denfield v O’Callaghan involves flooding as an example of private nuisance.

Question 8

Which case addresses smells in a private nuisance claim?

Answer 8

Wheeler v JJ Saunders

Question 9

What case addresses encroachment in private nuisance?

Answer 9

Lemmon v Webb

Question 10

Which case involves noise as an example of private nuisance?

Answer 10

Kennaway v Thompson

Question 11

What case illustrates the issue of cricket balls in a private nuisance claim?

Answer 11

Miller v Jackson

Question 12

Which case involves a brothel as an example of private nuisance?

Answer 12

Thomson-Schwab v Costaki

Question 13

What case addresses physical damage in a private nuisance claim?

Answer 13

St Helens Smelting Co v Tipping

Question 14

What must the interference be in a private nuisance claim?

Answer 14

The interference must be unlawful.

Question 15

What factors do the courts consider when deciding if the interference in a private nuisance claim is unlawful?hint Liam does drag shows round Manchester

Answer 15

The courts consider the following factors:
1. Locality
2. Duration
3. Degree of interference
4. Sensitivity
5. Reason for the interference
6. Malice/motive

Question 16

What does the locality factor refer to in a private nuisance claim?

Answer 16

Locality refers to where the nuisance occurred. The character of the neighborhood is considered; less nuisance will be expected in quiet residential areas compared to industrial areas. However, if the nuisance causes physical damage, the locality is less important.

Question 17

How does locality affect private nuisance claims where physical damage is caused?

Answer 17

If physical damage occurs, it doesn’t matter where the property is located or if the factory was there first—locality does not affect the claim.

Question 18

Which case demonstrates that locality does not matter when physical damage is caused in a private nuisance claim?

Answer 18

In St Helens Smelting Co v Tipping, the defendant was still liable, showing that the locality principle doesn’t apply when there is physical damage to the property

Question 19

What does the duration factor refer to in a private nuisance claim?

Answer 19

Duration asks how long the interference has been occurring and at what time of day. The longer and more frequent the interference, the more likely it is to be considered a nuisance. However, a one-off event can still count if the harm is serious.

Question 20

Which case demonstrates that a one-off event can still be considered a nuisance if the harm is severe enough?

Answer 20

Crown River Cruises v Kimbolton Fireworks, the defendant was still liable because the single event was severe enough to be considered an unlawful

Question 21

Which case illustrates how long-term interference can lead to a nuisance in private nuisance claims?

Answer 21

De Keyser’s Royal Hotel v Spicer Bros, the case shows how long-term interference led to a private nuisance.

Question 22

What does the degree of interference factor refer to in a private nuisance claim?

Answer 22

The degree of interference assesses how bad the interference is. The courts will review the type of interference and consider factors such as the time of day and whether it occurs on a weekday or weekend.

Question 23

Which case illustrates that the degree of interference can be dismissed if the nuisance is not severe /bad enough?

Answer 23

In Murdoch v Glacier Metal, the interference wasn’t bad enough to be considered a nuisance, as it was near a busy bypass and no one else complained.

Question 24

What does the sensitivity factor refer to in a private nuisance claim?

Answer 24

The sensitivity factor considers whether the claimant’s use of the land is particularly sensitive. The claimant can only succeed if the interference affects an ordinary use of the land, not if the interference is due to a sensitive nature.

Question 25

How does foreseeability impact the sensitivity factor in a private nuisance claim?

Answer 25

The courts will consider how foreseeable the interference was. If the interference was not foreseeable, the claim will fail.

Question 26

Which case demonstrates that the claimant’s sensitivity to the interference can affect the outcome of a private nuisance claim?

Answer 26

Robinson v Kilvert, the claim failed because the interference was not foreseeable due to the claimant’s special use of the land.

Question 27

Which case shows that a claim can succeed despite the claimant’s sensitivity to the interference?

Answer 27

McKinnon v Walker, the claim was successful because even though the claimant’s flowers were sensitive, normal plants would have been affected by the fumes as well.

Question 28

What does the reason for the defendant’s interference factor refer to in a private nuisance claim?

Answer 28

This factor considers whether the defendant had a good reason for the interference or if there was a social benefit to their activity. If there is social benefit, the court may deem it a nuisance but may only award compensation instead of an injunction.

Question 29

Which case demonstrates that the defendant’s reason for the interference can lead to compensation instead of an injunction in a private nuisance claim?

Answer 29

Dennis v MOD, the jets caused a nuisance, but because of the social benefit, compensation was awarded, and no injunction was granted.

Question 30

What does the malice/motive factor refer to in a private nuisance claim?

Answer 30

This factor considers the defendant’s motive. If the defendant’s main purpose is to cause harm, the court is more likely to find them liable for a nuisance. Malicious intent can make an otherwise lawful activity unreasonable and a nuisance.

Question 31

Which case demonstrates that malicious intent can turn an otherwise lawful activity into a nuisance?

Answer 31

Christie v Davey, the neighbor’s actions were deliberately aimed at causing a disturbance, so it was deemed a nuisance.

Question 32

What is the statutory authority defence in a private nuisance claim? Case example

Answer 32

If the defendant is carrying out an activity authorized by Parliament and acts reasonably, they are not liable for nuisance. Case example: In Allen v Gulf Oil

Question 33

What is the prescription defence in a private nuisance claim?

Answer 33

If the defendant has been carrying out the same activity for 20 years or more without complaints, they may gain the right to continue even if it causes a nuisance.

Question 34

What is the coming to the nuisance defence in a private nuisance claim?

Answer 34

This argument is when the defendant says, “I was here first; the claimant moved in knowing about the nuisance.” However, the court has made it clear that it doesn’t matter if the nuisance was already happening before the claimant moved in; the claimant still has a right to complain if the interference is unreasonable.

Question 35

Which case demonstrates the coming to the nuisance defence in a private nuisance claim?

Answer 35

Fearn v Tate Modern Gallery, the defendant had been there longer, but the court ruled in favor of the claimants, stating that asking them to keep their blinds down was unreasonable.

Question 36

What is an injunction in the context of a private nuisance remedy?

Answer 36

An injunction is when the court orders the defendant to stop or limit the nuisance-causing activity.

Question 37

Which case shows an injunction not being granted

Answer 37

Miller v Jackson: Injunction wasn’t granted due to social benefit.

Question 38

Which case shows an injunction being granted

Answer 38

Kenway v Thompson: Injunction was granted to limit the activity.

Question 39

What are damages in the context of a private nuisance remedy? Include a case example

Answer 39

Damages are money given to compensate for either physical damage or loss of enjoyment of land (loss of amenity). Dennis v MOD: Damages were awarded instead of an injunction because of the social benefit.

Question 40

What is abatement in the context of a private nuisance remedy?

Answer 40

Abatement is a self-help remedy where the claimant can take reasonable action themselves to stop the nuisance. The claimant must not go beyond reasonable limits and may sometimes need to give notice to the defendant.