private nuisance

Question 1

claimant must have

Answer 1

legal interest in the land (Hunter v Canary Wharf)

Question 2

D must be

Answer 2

creator of nuisance (Rees v Skerrett)

Question 3

C must have suffered

Answer 3

loss of amenity (Halsey v Esso)

Question 4

courts will consider factors to balance interests (6) objective test

Answer 4

1. locality (Halsey v Esso)
2. sensitivity (Bridlington)
3. duration (Spicer v Smee)
4. social utility (Dennis v MOD)
5. degree of interference (Miller v Jack)
6. malice on part of D (Christie v Davey)

Question 5

defences (4)

Answer 5

1. statutory authority (Allen v Gulf Oil)
2. prescription; 20 years (Sturges v Bridgeman)
3. act of God (Nicholls v Marsland)
4. public interest (Adams v Ursell)

Question 6

remedies

Answer 6

1. full injunction (Miller v Jackson)
2. partial injunction (Kennaway v Thompson)
3. damages for loss in value of property
4. abatement (Lennon v Webb)

Question 7

class

Answer 7

AG v PYA Quarries 30 houses

Question 8

common injury

Answer 8

Wandsworth

Question 9

if a member has suffered more serious injury

Answer 9

claim separately (Halsey v Esso)