Private Nuisance Flashcards
3 types of private nuisance
Physical injury to land
Substantial interference with enjoyment of land
Encroachment on a neighbours land
Authority to distinguish physical injury and interference
St Helen’s Smelting Co v Tipping
Authority for encroachment on land
Lemmon v Webb
Authority for reasonable user
Sedleigh-Denfield v O’Callaghan
Authority that can do anything as long as it’s reasonable
Hunter v Canary Wharf
Authority that interference must be more than trivial
Banjamin v Storr
Authority that personal discomfort is not enough unless is excessive
Waller v Selfe
Authority that D’s use of land can be unreasonable even if they have taken all reasonable precautions
Rapier v London Tramways Co
Authority that test is what, objectively a normal person would find it reasonable to put up with
Barr v Biffa Waste Services
The five limbs to determine a reasonable user
Nature of locality Duration and frequency of conduct Utility of conduct Abnormal sensitivity of C Malice on part of D
Authority that noise from a factory is less in an industrial area
Sturges v Bridgeman
Authority that planning permission is not a defence
Coventry v Lawrence
Authority that lack of other complaints can weaken a claim
Murdoch v Glacier Metal
Authority that interference must go on for a substantial length of time
Conard v Anyifyre Ltd
Authority that courts will grant injunctions for noise nuisance during the night
Keyser’s Royal Hotel Ltd v Spicer Bros Ltd
Authority that physical damage will succeed even when temporary
Crown River Cruises Ltd v Kimbolton Fireworks Ltd
Authority that Utility of D’s conduct can outweigh C’s need for an injunction
Miller v Jackson
Authority that Abnormal sensitivity will not find an actionable nuisance
Robinson v Kilvert
Authority that abnormal sensitivity applies once an actionable nuisance is found
McKinnon Industries Ltd v Walker
Authority that interference in recreational activities can be actionable
Network Rail Infrastructure Ltd v Morris (t/a Soundstar Studio)
Authority that malice creates liability
Christie v Davey
Authority that C must have a right not he interfered with at all
Bradford Corp v Pickles
Authority that only those with an interest in the land can sue
Malone v Laskey
Authority that ‘tolerated trespassers’ can sue
Pemberton v Southwark LBC
Authority that it does not matter if C had ownership when nuisance began
Delaware Mansions Ltd v Westminster City Council
Authority that landlords can only sue where nuisance has harmed them in a permanent way
Jones v Llanrwst UDC
ECHR said there is no distinction between those with and without proprietary rights
Khatun v Uk
D does not have to occupy property from which nuisance emanates
Thompson v Gibson
Occupier is liable if they exercise control over the creator of the nuisance
Matania v Provincial Bank
Occupier liable if they are in control or possession of property
Cocking v Everett
Occupier liable if they adopt or continue a trespasser’s nuisance
Sedleigh-Denfield v O’Callaghan
No distinction between a nuisance caused by state of property and one caused by trespass
Page Motors Ltd v Epsom and Ewell Bc
Occupier liable if they continue or adopt a nuisance created by an act of God
Goldman v Hargrave
Occupier if creator predecessor in title and knew/ought to know about nuisance
St Anne’s Well Brewery Co v Roberts
Landlord liable where the participate or authorise nuisance
Tetley v Chitty
Reasonable foresight of nuisance not enough for landlord to be liable
Mowan v Wandsworth LBC
Licensors are liable for actions of licensees
Lippiatt v South Gloucestershire CC
Landlord liable if knew or ought to have known about nuisance before letting
Brew Bros Ltd v Snax (Ross) Ltd
