Private Nuisance (AO1)

Question 1

Who can private nuisance be raised between?

Answer 1

Between neighbours

Question 2

What is the legal definition of private nuisance?

Answer 2

An unlawful interference with a person’s use or enjoyment of land coming from neighbouring land

Question 3

Can the interference be indirect or direct?

Answer 3

This can be both direct and indirect

Question 4

What is the claimant definition?

Answer 4

Anyone can claim if they believe that their use or enjoyment of land has been interfered with, but this claimant must have some interest in the land

Question 5

What is the principle in Hunter v Canary Wharf Ltd 1997?

Answer 5

The HofL confirmed that only those with an interest in the land could claim and not the other family members

Question 6

What is the defendant definition

Answer 6

the defendant can be a number of different types of people:
-A person who is allowing the nuisance
-The person causing the nuisance - the tenant
-The person causing the nuisance - Tenant/owners family

Question 7

What is the principle for Tetley v Chitty?

Answer 7

The courts held that the local authority were liable for the nuisance caused by the go kart company who rented their land

Question 8

What is the principle in Leakey v National Trust?

Answer 8

The D’s were liable as they knew that a slippage might happen and they failed to prevent this

Question 9

Can an occupier be liable for adopting the nuisance?

Answer 9

Yes, they may still be liable for adopting the nuisance (allowing it to continue)

Question 10

What is the principle in Sedleigh Denfield v O’Callaghan?

Answer 10

The HofL stated an occupier will be liable if they know of the danger and allow it to continue even if they haven’t created the danger themselves

Question 11

What is the two part test for applying private nuisance?

Answer 11

-Indirect interference of the C’s use and enjoyment of the land
-Unlawful use of the land by the defendant

Question 12

What sentence must be used to describe indirect interference?

Answer 12

It must be proven that the defendants actions have resulted in an indirect interference with the claimants use and enjoyment of the land

Question 13

What are some examples of past case interferences?

Answer 13

-Fumes drifting
-Smell from farm animals
-Noise
-Vibrations from machinery
-Hot air rising into other premises
-Oily smuts from chimneys

Question 14

Will law protect a persons right to view surrounding land?

Answer 14

No the courts have decided they will not protect a person’s right to view surrounding land but will protect against feelings of emotional distress

Question 15

What is the principle in Laws v Florinplace Ltd

Answer 15

The courts awarded an injunction as this business needed residents and this constituted as an interference with the enjoyment of land

Question 16

What is an unlawful use of land described as?

Answer 16

A mere interference on its own is not enough, it must also be shown that the D’s activities amount to an unlawful use of land

Question 17

What are the 6 factors in unlawful use of land?

Answer 17

-Locality
-Duration of the interference
-Sensitivity of the Claimant
-Malice
-Public Benefit
-The Human Rights Act 1998

Question 18

What is locality?

Answer 18

The courts consider the character of the neighbourhood, if the neighbourhood is purely residential or if it is part residential, town or a countryside. What might be considered unreasonable in one area, might be accepted as reasonable behaviour in the other

Question 19

What is the principle of Sturges v Bridgeman?

Answer 19

When considering the character of the neighbourhood it is important to note that what would be a nuisance in Belgrave Square would not be in Bermondsey

Question 20

What is duration of the interference?

Answer 20

It must be shown that the interference is mainly continuous and at unacceptable hours of the day. However, behaviour that is temporary doesn’t mean that a claim can’t be brought

Question 21

What is the principle for Spicer v Smee?

Answer 21

The fire could be considered a nuisance as the faulty wiring was a continuous state of affairs that exposed the C to damage

Question 22

What is sensitivity of the claimant?

Answer 22

The courts will look at the effect of the D’s behaviour on the reasonable person and the ordinary use of land. This means that if the claimant is particularly sensitive or is using their land for an unusual or sensitive purpose then they will not be able to claim.

Question 23

What is the principle in Network Rail v Morris

Answer 23

The CofA considered the use of amplified guitars to be abnormally sensitive this meant that the interference wasn’t foreseeable

Question 24

What is Malice?

Answer 24

If the defendant acts out of hostility, spite or malice then his actions are likely to fall under private nuisance

Question 25

What is the principle in Hollywood Silver Fox Farm Ltd v Emmett

Answer 25

The fact that the D fired his shotgun with malice and disrupted the lawful activities of the C could render his actions unreasonable

Question 26

What is Social Benefit

Answer 26

If the Ds actions are seen as providing a benefit to society or having some sense of social utility, then the courts will generally not find his behaviour to be reasonable

Question 27

What is The Human Rights Act 1998?

Answer 27

When deciding if the Ds behaviour is reasonable, the courts will look at their actions alongside the Human Rights Act. They will look at provisions under Article 8

Question 28

What are the three defences?

Answer 28

-Prescription
-Coming to the Nuisance
-Statutory Authority

Question 29

What is the defence of prescription?

Answer 29

When the activity has taken place for atleast 20 years without a complaint

Question 30

What is the principle of Coventry v Lawrence?

Answer 30

The supreme court stated that the defence of prescription only applies to activities that were a nuisance for at least 20 years as stated in coventry v lawrence

Question 31

What is the defence coming to the nuisance?

Answer 31

If the C hasn’t lived next to the nusiance for the prolonged 20 years, and then moves to the nuisance that the defendant has carried out for the past 20+ years, then prescription will fail.

Question 32

What is the defence of statutory authority?

Answer 32

This will provide the D with a defence to their activities if a specific statute legitimises what they are doing on their land. If planning permission has been given then this can act as a defence however for the planning permission to provide a defence to the nuisance it must change the character of the neighbourhood and mean that the nuisance is now reasonable

Question 33

What is the principle in Gillingham BC v Medway

Answer 33

The courts decided that this was not a nuisance as the character of the neighbourhood had been changed by the planning permissions, stated in…

Question 34

What are the two possible remedies?

Answer 34

-Injunction
-Damages

Question 35

What is the principle in Miller and Jackson?

Answer 35

The court found the cricket club liable for nuisance however they refused to grant the injunction because the club provided a social benefit. It was decided an award of damages was more appropriate

Question 36

What three things could an injunction require?

Answer 36

• Order the D to stop the nuisance
• A positive injunction
• The injunction could be linked to an award of damages

Question 37

Which is the most common remedy?

Answer 37

Injunction

Question 38

When would damages be used as a remedy?

Answer 38

When the private nuisance has high social utility, if it has a public benefit then the courts will refuse to stop the activity due to its social benefit and instead award damages to compensate