private nuisance cases

Question 1

Hunter V Canary Wharf

Answer 1

C must have an interest in land so can be an owner or tenant but not a member of the owner or tenant’s own family.

Question 2

Tetley V Chitty

Answer 2

A short-term tenant can be the defendant.

Question 3

Sedleigh Denfield V O’Callaghan

Answer 3

If it’s your property, even if you didn’t cause the interreference, you are still liable for it, provided you knew of the potential dangers and did nothing.

Question 4

Holbeck Hall Hotel V Scarborough BC

Answer 4

Cannot impose a duty which D cannot possibly fulfil.

Question 5

Fearn & Others v Board of Trustees of the Tate Gallery

Answer 5

Visual intrusion can be a nuisance.

Question 6

Miller V Jackson

Answer 6

You need to either have a case of: Encroachment, Physical damage to property or reducing the enjoyment of your property, or a combination of them to claim.

Question 7

Thompson-Schwab V Costaki

Answer 7

Emotional distress.

Question 8

Sturges V Bridgman

Answer 8

The character of the neighbourhood has to be considered.

Question 9

Crown River Cruises V Kimbolton Fireworks

Answer 9

Duration of the nuisance.

Question 10

Robinson V Kilvert

Answer 10

If it can be shown that C is particularly sensitive, then the action may not be a nuisance.

Question 11

Network Rail Infrastructure V Morris

Answer 11

Shows the creation of the “test of foreseeability”, as opposed to sensitivity.

Question 12

Hollywood Silver Fox Farm V Emmett

Answer 12

A deliberately harmful act will normally be considered unreasonable behaviour and considered a nuisance.

Question 13

Miller V Jackson

Answer 13

Social benefit.