Private Nuisance Flashcards
What is private nuisance?
where the actions of the defendant are “causing a substantial and unreasonable interference with a [claimant]’s land or his/her use or enjoyment of that land
Allen v Gulf Oil Refinery
The claimant brought an action in nuisance for the smell, noise and vibration created by an oil refinery which had been constructed by the defendant on their land. The defendant’s action in constructing the oil refinery was authorised by an Act of Parliament.
Held:
The defendant was not liable as it had a defence of statutory authority.
Christie v Davey
The claimant was a music teacher. She gave private lessons at her home and her family also enjoyed playing music. She lived in a semi-detached house which adjoined the defendant’s property. The defendant had complained of the noise on many occasions to no avail. He took to banging on the walls and beating trays and shouting in retaliation.
Held:
The defendant’s actions were motivated by malice and therefore did constitute a nuisance. An injunction was granted to restrain his actions.
Sturges v bridgman
The defendant ran a confectionary shop which operated a noisy pestle and mortar. It had done so for over 20 years but had no neighbouring property so there were no complaints as to its use. The claimant then built a consulting room for his practice as a physician adjacent to the defendant’s noisy shop. The claimant brought an action in nuisance to obtain an injunction to prevent the continuance of the noise. The defendant, relying on the Prescription Act, argued that he had obtained the right to be noisy by operating the noisy pestle for over twenty years.
Held:
The use of land prior to the construction of the consulting room was not preventable or actionable and therefore it was not capable of founding a prescription right.
Bolton vs Stone
Miss Stone was injured when she was struck by a cricket ball outside her home. She brought an action against the cricket club in nuisance and negligence. The cricket field was surrounded by a 7 foot fence. The pitch was sunk ten feet below ground so the fence was 17 feet above the cricket pitch. The distance from the striker to the fence was about 78 yards and just under 100 yards from where the claimant was standing. A witness who lived in the same road as the claimant but close to pitch said that five or six times during the last 30 years he had known balls hit his house or come into the yard. Two members of the Club, of over 30 years’ standing, agreed that the hit was altogether exceptional to anything previously seen on that ground.
Held:
No breach of duty. The likelihood of harm was low the defendant had taken all practical precautions in the circumstances. The cricket ground had been there for 90 years without injury and provided a useful service for the community.
Malone v Laskey (locus standi)
The claimant was injured when vibrations from an engine on an adjoining property caused a bracket to come loose and the cistern to fall on her in the lavatory. She was unsuccessful in her claim as she did not have a proprietary interest in the house. Her husband was a mere licensee through his employment as a manager.
Shelter v City of London Electric Lighting Co
The Electricity company caused structural damage to a house and nuisance to its occupier. The trial judge awarded damages but refused an injunction. The Court of Appeal reversed this allowing an injunction.
