Private Nuisance 2B Flashcards
How is Private Nuisance defined?
An Indirect, substantial and unlawful interference with a person’s ordinary use or enjoyment of land.
What is the first element of nuisance?
C is able to sue D (both parties are eligible)
What case is used for deciding if C is eligible to sue for the first element?
Hunter v Canary Wharf
What legal principle came from Hunter v Canary Wharf?
To be able to sue in nuisance, C must have a proprietary interest/ legal rights in the land being affected.
What case is used for deciding if D is eligible to be sued for the first element?
Tetley v Chitty
What legal principle came from Tetley v Chitty?
If the owner of the land is aware of the nuisance and has approved this then they are liable for the disruption.
What is the second element of Private nuisance?
Indirect interference
What two types to damage come under indirect interference?
non-physical and physical
What case is used as an example for a physical damage?
Sedleigh Denfield v O’Callaghan
What case is used as an example for a non physical discomfort, particularly noise?
Christie v Davey
What case is used as an example for a non physical discomfort, particularly smell?
Wheeler v Saunders
What is meant by continuing interference?
A natural hazard develops and D fails to take precautions to stop it interfering with other land.
What case is used for continuing interference?
Leakey v National Trust
What legal principle came from Leakey v National Trust?
Despite not causing the accident, the failure to do anything about it was enough for interference.
What is the third element of Private Nuisance?
Is D affecting C’s common and ordinary use?
What does ‘Sensitivity of C’s use’ mean?
It looks at whether C has only suffered due to some ‘abnormal sensitivity’ of their land/ use of it, or if the interference would have affected other people on that land the same way.
What case is used for sensitivity of c’s use?
Network Rail Infrastructure Ltd. v Morris
What was the outcome of NRI v Morris?
The business was abnormally sensitive therefore it was not affecting C’s common and ordinary use of the land and D is not liable.
What is the law surrounding Recreational activities or ‘things of delight’?
C cannot sue if the thing being affected is merely a fun thing to do on the land rather than the fundamental use of it.
What case is used for ‘things of delight’?
AG v Doughty
What legal principle came from AG v Doughty?
Blocking a view is not interfering with the use or enjoyment of land.
What is the second case used for ‘things of delight’?
Hunter v Canary Wharf
What legal principle came from Hunter v Canary Wharf that relates to ‘things of delight’?
Watching TV is not using or enjoying LAND, it is a recreational activity.
What is the fourth element of Private Nuisance?
Substantial Interference
What case is used for substantial interference?
Halsey v Esso Petroleum
What were the two indirect interferences in Halsey v Esso Petroleum?
Non-physical - loud noise and the smell
Physical - Damage to paintwork.
What is the rule about when physical damage is substantial?
Anything that causes physical damage is a substantial interference.
What is the rule about non-physical damage being substantial?
Non-physical damage must make it physically unpleasant to be on the land to be substantial.
What is the fifth element of Private Nuisance?
Unlawful Interference (is D’s use common and ordinary?)
What case is used for unlawful interference?
Fearn v Tate Gallery
What legal principle came from Fearn v Tate Gallery?
There must be give and take between neighbours. Unless D’s use goes beyond what is common and ordinary.
What is the first factor we use to decide if D’s use was common and ordinary?
Locality meaning - considering what is common and ordinary based on the area.
What case is used for locality in the 5th element?
Sturges v Bridgman
Why was D’s use of the land in Sturges v Bridgman not common and ordinary for the area?
It was a factory in a predominantly quiet doctor’s surgery area.
What is the second factor used to decide if D’s use was common and ordinary?
Duration - Considering when the interference happens and how long it lasts.
What case is used for Duration in the 5th element?
Halsey v Esso Petroleum.
Why would the duration of noise in Halsey v Esso Petroleum not be common or ordinary?
As it was overnight. It may be expected during the day but not in the middle of the night.
What is the second case used for duration in the 5th element?
Crown River Cruises v Kimbolton Fireworks
What was the legal principle in CRC v Kimbolton Fireworks?
Even a temporary interference can go beyond the common and ordinary use of the land but only if the interference is severe.
What is the third factor used to decide if D’s use was common and ordinary?
Malice - Does D have bad intentions?
What case is used for Malice in the 5th element of Private nuisance?
Christie v Davey
What was the legal principle from Christie v Davey in relation to Malice (in the 5th element)?
If D was trying to be a nuisance and had bad intentions then it cannot be considered as a common and ordinary use of the land.
What are the two defences that can be used for Private Nuisance?
- Prescription
- Planning Permission
What can apply instead if prescription fails?
Volenti non fit injuria (consent)
What is meant by Prescription?
Where D has carried out the nuisance on C for 20 consecutive years, D is prescribed the right to continue that activity.
What case is used for Prescription?
Sturges v Bridgman
What legal principle came from Sturges v Bridgman in relation to Prescription?
D can only be prescribed the right if his act has been a clear nuisance for all twenty years.
What does planning permission do?
Grants D a chance to show his use has become common and ordinary for the area.
What case is used for Planning Permission?
Wheeler v Saunders
What did the court say about planning permission in Wheeler v Saunders?
Planning permission itself does not change the locality, it just gives permission for D to try to change the locality. If he is unsuccessful and his use is still considered uncommon for that area, then D’s actions are still considered a nuisance.
What are the 3 remedies for Private Nuisance?
Injunction
Damages
Abatement
What is meant by an injunction?
Can make D stop doing something or can make D do something
Can be : perpetual (stop activity completely
Or
Partial (limits what D can do)
What can damages be used for?
Cover the cost of physical damage or to compensate non-physical situations if an injunction would not work.
What is meant by an Abatement?
This means letting C do something to prevent the nuisance.
