Private nuisance

Question 1

Hunter v Canary Wharf

Who can sue?

Answer 1

C must have an interest in the land

Question 2

Hunter v Canary Wharf

Type of interference

Answer 2

Interference with television signals is not a type of recognised interference

Question 3

Schwab v Costaki

Answer 3

Courts will compensate people for emotional damage

Question 4

Tetley v Chitty

Answer 4

A defendant can be someone who allows the nuisance to be continued even if they didn’t cause it

Question 5

Sadleigh v O’Callaghen

Answer 5

A defendant can be someone who doesn’t create the nuisance, is aware of it and does nothing about it

Question 6

Leaky v National Trust

Answer 6

D can be someone who is aware that nuisance can be caused by natural causes.

Question 7

St Helens Smelting v Tippling

Answer 7

An example of where a claimaint claimed for tangible damage

Question 8

Halsey v Esso Petroleum

Answer 8

The C can only claim for intangible damage if it is “sufficiently serious”

Question 9

Sturges v Brigman illustrates

Answer 9

The defence of prescription

Question 10

Which two cases illustrate the defence of Statutory authority?

Answer 10

Allen v Grif oil refinery

Marcie v Thames water plc

Question 11

What is the significance of the Water Industry Act 1991 in relation to a specific nuisance case?
(Hint: Marcie)

Answer 11

In the Marcie v Thames water plc case it meant that a claim in nuisance was disallowed but a remedy was provided anyway

Question 12

Robinson v Kivert

Answer 12

A particular sensitivity of the claimant won’t make something unreasonable if it would otherwise be reasonable

Question 13

Christie v Davies

Answer 13

Any malice on the defendant’s part will be considered

Question 14

Private nuisance

def:

Answer 14

” the unreasonable indirect interference of a person’s use of enjoyment of his land.”

Question 15

Has 3 elements:
1
2.
3.

Answer 15

1. An indirect interference
2. Damage caused
3. Interference is unlawful, meaning unreasonable.

Question 16

What is an indirect interference?

Answer 16

No direct force is used e.g noise, smell, vibrations

Question 17

What are the two types of damage caused recognized by this tort.

Answer 17

1. Tangible

2. Intangible.

Question 18

What is tangible damage?

- Damage to ____ and p____. Any amount of physical damage is a____

Answer 18

land and property.

actionable.

Question 19

Intangible damage is interference with the ___ and ___ of land

Answer 19

use, enjoyment.

Question 20

Which case is an example of when a combination of tangible and intangible damage has occurred?

Answer 20

Halsey v Esso Petroleum

Question 21

How will it be decided whether the interference is unlawful (unreasonable)?
- Question of ___ and ___ in each case

Answer 21

fact, degree.

Question 22

What six factors may contribute to element 3.

1. T___
2. L__ (and whether ___ had any choice as to where on his land it happened)
3. M___
4. S____ b___
5. D___ and F___
6. ____ of the C

Answer 22

1. Time
2. Locality (as well as whether D could’ve done it on another part of his land)
3. Malice
4. Social benefit.
5. Duration and frequency,
6. Sensitivity of the C.

Question 23

Leeman v Montague

Answer 23

1. Normal activities done at unsocial hours is unlawful.

2. The locality was considered here.

Question 24

Cases for malice (two):

Answer 24

Christie v Davey

Hollywood silver fox farm v Emmett

Question 25

Public benefit cases (two)

- Note that d___ are more likely to be awarded than an ____

Answer 25

Miller v Jackson
Kennaway v Thompson

Damages, injunction.

Question 26

Duration and frequency case which says that a s___ interference is actionable if ___ enough

Answer 26

British Celanese Ltd v Hunt.

Single, severe

Question 27

A particular sensitivity of the C will not make an activity unreasonable.

Answer 27

Robinson v Kilvert

Question 28

What are the two defences to nuisance?

Answer 28

1. Prescription

2. Statutory Authority.

Question 29

Statutory authority is a ____ defence

Answer 29

Complete

Question 30

Prescription is when the D claims what

Answer 30

The interference amounted to an actionable one in a 20 year period not that he has carried on for 20 years.

Question 31

Malone v Laskey

Answer 31

Family members or lodgers cannot sue for the nuisance

Question 32

Sadleigh v O’Callaghen

Hint: Occupier

Answer 32

An occupier can be sued even if they didn’t create the nuisance.

Question 33

3 types of damages.

1. Special (quantifiable)
2. General (unquantifiable)
3. Nominal (out of sympathy, no real harm caused)

Answer 33

1. Special
2. General
3. Nominal

Question 34

Injunctions can be ___ or ___

Answer 34

prohibitory or mandatory

Question 35

C must have an interest in the land. Case?

Answer 35

Hunter v Canary Wharf

Question 36

Courts will compensate people for emotional damage. Case?

Answer 36

Schwab v Costaki

Question 37

Interference with television signals is not a type of recognised interference. Case?

Answer 37

Hunter v Canary Wharf

Question 38

A defendant can be someone who allows the nuisance to be continued even if they didn’t cause it. Case?

Answer 38

Tetley v Chitty

Question 39

D can be someone who is aware that nuisance can be caused by natural causes.

Answer 39

Leaky v National Trust

Question 40

An example of where a claimaint claimed for tangible damage

Answer 40

St Helens Smelting v Tipping

Question 41

The C can only claim for intangible damage if it is “sufficiently serious”. Case?

Answer 41

Halsey v Esso Petroleum

Question 42

The defence of prescription is illustrated by the case

Answer 42

Sturges v Brigman

Question 43

Miller v Jackson

Answer 43

Public benefit case

Question 44

Kennaway v Thompson

Answer 44

Public benefit case

Question 45

Leeman v Montague

Answer 45

Time and locality case

Question 46

Hollywood silver fox farm v Emmett

Answer 46

Malice case

Question 47

British Celanese Ltd v Hunt.

Answer 47

Duration and frequency case which says that a single interference is actionable if severe enough