Private Nuisance Flashcards
Private Nuisance:
Define
An unlawful interference with a person’s use or enjoyment of land, or some right over, or in connection with it
(Read v Lyons)
Private Nuisance:
What C must prove
- Locus Standi
- Capacity in which D is liable
- Interference with use and enjoyment of land
- Interference must be substantial and unreasonable
- Causation and Remoteness
Private Nuisance: Locus Standi (Hunter v Canary Wharf)
C must have a proprietary interest in the land (freeholders, tenants, occupiers in exclusive possession - not licensees)
Private Nuisance:
Malone v Laskey
Neither children nor wife of owner-occupier of land can sue in private nuisance
Private Nuisance:
3 types of nuisance (Hunter v Canary Wharf)
- Encroachment on neighbour’s land
- Direct physical injury to land
- Interference with quiet enjoyment of the land (aka loss of amenity)
Private Nuisance:
Non-actionable interferences
Disruption to TV reception (Hunter v Canary Wharf)
Interferences with elegant or dainty modes of living (Walter v Selfe)
Right to view is no actionable (Aldred’s Case)
Private Nuisance:
Walter v Selfe
Interference must be something that materially interferes with ‘ordinary conduct’
Private Nuisance:
Is interference substantial and unreasonable (Sedleigh-Denfield)?
Factors that court will consider:
- Frequency and duration of interference
- Excessiveness of conduct/extent of harm
- Abnormal sensitivity (application of eggshell skull rule)
- Character of neighbourhood
- Public benefit
- Malice on part of defendant
Private Nuisance:
Test for unlawfulness of interference
‘What is reasonable according to the ordinary usage of mankind living in…a particular society’
Private Nuisance:
The longer the duration and frequency of the interference, the more likely it is that it is unreasonable
Miller v Jackson
Private Nuisance:
What might be considered a nuisance in a fancy area, might not be in another area
Sturges v Bridgman
Private Nuisance:
Where planning permission has been given, this may be deemed to have changed the character of the neighbourhood
Gillingham BC v Medway Docks
Private Nuisance:
A smelly chip shop can have a benefit to the community
Adams v Ursell
Private Nuisance:
If defendant has been trying to annoy the claimant, interference more likely to be considered unreasonable and therefore unlawful
Hollywood Silver Fox Farm v Emmett
Private Nuisance:
No claims for personal injury or personal property. Claimant would run negligence claims for both
Hunter v Canary Wharf
Private Nuisance:
C can recover for consequential economic loss, where it has flowed from damage to property and/or personal discomfort
Andreae v Selfridge
Private Nuisance:
Who can be sued?
- Creator of nuisance
- Current occupier of land
- Landlord
Private Nuisance:
Current occupier of land can be sued
Can be sued for own nuisances and some created by others, like:
- Nuisance created by employee acting in course of employment
- Nuisance created by independent contractor, provided work carries special danger
- Where occupier has adopted nuisance
Private Nuisance:
Current occupier of land may be sued for nuisance created by visitor
Lippiatt
Private Nuisance:
Current occupier of land may be sued for nuisance created by predecessor in title
St Anne’s Well Brewery
Private Nuisance:
Current occupier of land may be sued for nuisance created by trespasser
Sedleigh-Denfield
Private Nuisance:
Current occupier of land may be sued for nuisance created by natural event
Leakey v National Trust
Private Nuisance:
Landlord may be sued if he has impliedly/expressly authorised nuisance through letting out premises
Tetley v Chitty
Private Nuisance:
Landlord may be sued if he has promised to repair but fails to do so
Payne v Rogers
Private Nuisance:
Effective defences
- Prescription (if nuisance has continued for at least 20 years)
- Statutory authority
- Contributory negligence
- Consent
- Act of God/nature
Private Nuisance:
Possible defence if D can show nuisance was inevitable consequence of doing what statute authorised
Allen v Gulf Oil
Private Nuisance:
Possible defence if nuisance was due to act of god/nature if D has not adopted or continued nuisance
Wringe v Cohen
Private Nuisance:
Ineffective defences
- Claimant came to nuisance
- Public benefit
- Contributory acts of others
- Planning permission
Private Nuisance:
Remedies available
- Damages
- Injunction
- Damages in lieu of injunction
- Abatement
Private Nuisance:
Remedies - Damages
Damages for:
Physical damage
Personal discomfort (Hunter v Canary Wharf)
Private Nuisance:
Remedies - Injunction
Prohibitory/mandatory/quia timet (before nuisance committed, in anticipation of it)
Private Nuisance:
Remedies - quia timet injunction
Can be used if:
- C is almost certain to incur damages
- Such damage is imminent
- D will not stop his course of conduct without court order
Private Nuisance:
Remedies - Damages in lieu of injunction
This is appropriate where:
- case suitable for injunction in first place
- injury to C’s legal rights is small (small payment)
- if injunction would be oppressive to D
Private Nuisance:
Remedies - Abatement
Removal of interference by victim.
This normally requires notice, except in emergency (Lemmon v Webb)
