Private Nuisance

Question 1

To succeed in nuisance, C must prove that D is doing an activity that causes _________________________ with C’s use or ______________ of their land and/or causes ____________ damage to C’s land.

Answer 1

To succeed in nuisance, C must prove that D is doing an activity that causes substantial and unreasonable interference with C’s use or enjoyment of their land and/or causes physical damage to C’s land.

Question 2

First point of how does C prove substantial interference with her use and enjoyment of land?

Answer 2

• C can only claim if a person/business of ordinary sensitivity would suffer substantial interference and that C suffered a foreseeable kind of harm: NETWORK RAIL v MORRIS

Question 3

Secon point of how does C prove substantial interference with her use and enjoyment of land?

Answer 3

• C will not be able to claim if the location of premises means it was reasonable to put up with D’s interference: ADAMS v URSELL

Question 4

Third point of how does C prove substantial interference with her use and enjoyment of land?

Answer 4

• Where the implementation of local authority planning permission changes the nature of the locality, otherwise disruptive activities in that area may cease to be a nuisance: COVENTRY v LAWERENCE

Question 5

Factors of unreasonableness?

Answer 5

• Sensitivity of C
• Nature and locality
• Duration of interference
• Malice shown by D

Question 6

Fourth point of how does C prove substantial interference with her use and enjoyment of land?

Answer 6

Where there is physical damage to C’s land the location of C’s premises is largely irrelevant: ST. HELENs SMELTING v TIPPING 1865

Question 7

C must prove unreasonable interference with their use and enjoyment of land. What are the 7 steps in doing this?

Answer 7

• It is inference which must be unreasonable
• C must show a real interference with the use and enjoyment of her land.
• The more serious the interference, the more likely it is that the interference will be regarded as unreasonable. Physical damage is more serious than disruption.
• The longer the interference, the more likely the court will regard it as being more serious than disruptions to C’s use or enjoyment
• Deliberately harmful acts will be regarded as unreasonable interference.
• D’s activity has social utility the courts less likely to regard it as unreasonable.
• If D can take practical steps to prevent or minimise the interference and does not do so, more likely the court will regard it as a nuisance.

Question 8

What are the 6 defences available?

Answer 8

• Statutory authority
• Defence of prescription
• Act of a trespasser
• C coming to the nuisance is not a defence
• Consent/Volenti
• Contributory negligence

Question 9

What is the case linked to coming to the nuisance is not a defence?

Answer 9

ST. HELENs SMELTING v TIPPING D aargued that doing smelting works existed before C purchased the manor house. The court held that it isn’t a defence.

Question 10

What is the case linked to consent?

Answer 10

KIDDLE v CITY BUSINESS PROPERTIES 1942: C was a tenant who complained of damage caused to shop when flooding occurred from a. blocked gutter carrying water from the premise above. C had impliedly consented to risk.

Question 11

What remedies are available?

Answer 11

• Prohibitory injunction
  Orders D to stop nuisance at certain hours: DE KEYSER’S ROYAL HOTEL v SPICER 1914
• Damages
  Where C suffered loss. Can recover reasonably foreseeable losses. Damages increase the longer the nuisance occurs. C must take reasonable steps to mitigate their loss. C can request an injunction.