Private Nuisance

Question 1

What is being affected?

Answer 1

Cs individual use/enjoyment of land is affected

Question 2

By who?

Answer 2

By Ds unreasonable behaviour

Question 3

C must have …

Answer 3

Legal interest in the land

Question 4

Consider

1.

Answer 4

1. Locality. Meaning what type of area is the nuisance occurring.

Question 5

Costaki

Answer 5

Brothel in residential area. Held that a brothel doesn’t belong in a residential area

Question 6

Consider

2.

Answer 6

2. Duration. Meaning how long is it going on for?

Question 7

Kimbolton

Answer 7

Firework display that caused fire on barge. Only went on for a short amount of time.

Question 8

Consider

3.

Answer 8

3. Sensitivity. Is C unusually sensitive? ie. special documents, or working from home

Question 9

Morris

Answer 9

DJ who used special sound equipment. Tran interfered with the recording. Held that C was unusually sensitive

Question 10

Consider

4.

Answer 10

Malice. Is the disruption due to malice between people? Revenge

Question 11

Silver Fox

Answer 11

C was a mink breeder. D did not like this so he continuously shot his gun so that it interfered with the breeding. This is malice

Question 12

Consider

5.

Answer 12

5. Social Benefit. Is it benefiting the community or others

Question 13

Miller

Answer 13

Cricket club was deemed a social benefit even though it was classified a s a nuisance.

Question 14

No right to …

Answer 14

C has no right to TV reception, light, or view

Question 15

Effective Defences =

Answer 15

Prescription, Consent, Statutory authority

Question 16

Ineffective defences =

Answer 16

Coming to the nuisance

Question 17

Remedies =

Answer 17

Injunction or damages are more likely, Coventry