Private Nuisance Flashcards
Hunter v Canary Wharf
Claimant must have a legal interest in the land (C’s claimed interference caused by building works including dust and bad TV receptions - some C’s had no legal interest in land)
Sedleigh-Denfield v O’Callaghan
The Defendant can be someone who ADOPTS the nuisance (Trespasser installed pipe on D’s land, years later it caused flooding to C’s land)
Tetley v Chitty
The Defendant can be someone who AUTHORISES the nuisance (D leased land to go-kart club, D was held liable for noise disturbance)
Laws v Florinplace
Locality of nuisance (Large ad sign for sex shop was placed on a shop window in a quiet town)
Barr v Biffa Waste
Duration of Nuisance & Degree of Nuisance (D was liable for string and unpleasant smell from landfill, residents lost enjoyment for 5 years)
Robinson v Kilvert
Sensitivity of Claimant (C and D occupied different floors of building, D required hot and dry air which reduced value of C’s paper)
Miller v Jackson
Social utility (Cricket balls coming onto C’s land were a nuisance)
Christie v Davey
D’s Motive (C, a music teacher, held parties and lessons. D who lived nest door would bang on the wall and shout maliciously)
Allen v Gulf Oil
Defence of Statutory Authority (Oil refinery caused noise and smell nuisance to neighbouring land, yet was built under power of an Act of Parliament)
Sturges v Bridgman
Defence of Prescription (Doctor, C, built consultation room and vibrations from close factory caused nuisance - successful claim)
Sedleigh-D v O’Callaghen (Defence)
Defence of Act of a Stanger/Trespasser (Trespasser had installed a pipe that caused flooding to neighbouring land, O was liable has he knew of danger and failed to adopt it)
Miller v Jackson
defence
Defence of Public Policy (Cricket balls kept coming onto C’s land which caused a nuisance, no public policy)
The Wagon Mound confirmed in Cambridge Water v Eastern Countries Leather
C may only recover damages that are reasonably foreseeable
