Private Nuisance

Question 1

Definition of Private Nusiance

Answer 1

Read v Lyons - Unlawful interference with a person’s land

Cambridge Water v Eastern Water - Defender liable even used reasonable care and skill

Question 2

Need a right in property

Answer 2

Hunter v Canary Wharf - Only person with interest in property can sue

Parties with exclusive possession and other property rights

Question 3

Who may sue?

Answer 3

Those with rights in property

Question 4

Who may be sued?

Answer 4

Personal responsibility for nuisance - Denfield v O’Callaghan
Authorising Nuisance - Tetley v Chitty
Foreseeability of nuisance - Goldman v Halgrave

Question 5

Element - Interference

Answer 5

Colls v Home and Colonial Stores - Light deprived minor rather than serious injury

Question 6

Interference substantial?

Answer 6

Walter v Selfe
Amenity - cannot use special sensitivity MacKinnon Industires v Walker
Coventry v Lawrence - Sometimes a new activity may fit with character of locality so not create a new nuisance
Material Damage - Darely v Mitchel

Question 7

Unresonableness?

Answer 7

Duration - Hirose electrical v Peak Ingredients
Extent and Harm - Gaunt v Fynney (Easier to prove when tangible)
Usefulness of activity - Smith v Giddy
Reasonable user - Motive Malice Christie v Davey
Type of location - Bell v Ray, Moy v Stoop
Fault - Overseas Tankship Ltd v Miller Steamship
Illegality - Leakey v national Trust

Question 8

Defences

Answer 8

Statutory authority - Allen v Gulf Oil
Prescription - Struges v Bridgman
Conduct of Claimant - Consented, assumed risk

Question 9

Remedies

Answer 9

Injunction

Damages (Interference or in lieu of injunction)