Private nuisance

Question 1

Definition

Answer 1

Read v Lyons

Question 2

Recoverable damage: land and enjoyment but nit PI

Answer 2

Hunter v Canary Wharf

Question 3

Economic loss consequential on hunter is recoverable

Answer 3

Andreae v selfridge

Question 4

Standing: right to exclusive possession

Answer 4

Hunter b Canary Wharf

Question 5

Wife and children of owner have no standing

Answer 5

Malone v laskey

Question 6

Occupier liable for specially dangerous work by independent contractors

Answer 6

Matania v national provincial bank

Question 7

Occupier - adopted or created nuisance by VISITOR

Answer 7

Lippiat v Gloucestershire

Question 8

Predecessors in title

Answer 8

St Anne’s well brewery trust v Roberts

Question 9

Natural events liability for occupiers

Answer 9

Leakey v national trust

Question 10

“Adopt” or “create”

Answer 10

Sedleigh-denfield v o’callaghan

Question 11

Landlord liable or implied or express authorised nuisances

Answer 11

Tetley v chitty

Question 12

Promises or can make repairs but fails to

Answer 12

Payne v Rogers

Question 13

Material interference with ordinary conduct

Answer 13

Walter v selfe

Question 14

No nuisance for disruption to TV signal

Answer 14

Hunter b Canary Wharf

Question 15

Loss of a view

Answer 15

Alfred’s case

Question 16

Interference with elegant or dainty modes of living

Answer 16

Walter v selfe

Question 17

Substantial and unreasonable

Answer 17

Sedleigh-den field v o’callaghan

Question 18

Isolated events only if emanates

Answer 18

Spicer v smee

Question 19

Example of excessive behaviour

Answer 19

Matania v national provincial bank

Question 20

Character of naighbourhood factor

Answer 20

Sturges v Bridgman

Question 21

Character of neighbourhood only relevant to interference with quiet enjoyment

Answer 21

Hasley v esso

Question 22

Planning permission affects character

Answer 22

Gillingham v Medway dock

Question 23

Public benefit chip shop

Answer 23

Adams v ursell

Question 24

Malice

Answer 24

Hollywood silver fox farm v emmett

Question 25

Sensitivity of claimant ignored

Answer 25

Robinson v kilvert

Question 26

Egg-shell skull rule if would have affected normal user

Answer 26

McKinnon industries v walker with sensitive orchids

Question 27

Wagon mound test confirmed in

Answer 27

Cambridge waters

Question 28

Prescription defence

Answer 28

Sturges v Bridgman

Question 29

Statutory authority defence

Answer 29

Allen v gulf oil refining

Question 30

Act of God defence

Answer 30

Wringe v Cohen

Question 31

Planning permission ineffective defence

Answer 31

Wheeler v Saunders

Question 32

Public benefit ineffective defence but relevant to injunctions

Answer 32

Miller v Jackson cricket; contrast kennaway v Thompson powerboats

Question 33

Remedy: loss of amenity value o land

Answer 33

Hunter v Canary Wharf

Question 34

Damages instead of injunction in some circumstances

Answer 34

Shelter v City of London

Question 35

Abatement prior notice

Answer 35

Lemonn v Webb

Question 36

Abatement: belongings must be returned

Answer 36

Hills v broker