Private Nuisance (P2) Flashcards
What is private nuisance?
-An unlawful interference for a substantial length of time
-Interferes with a person’s right to use or ‘enjoy’ their land
What must C show in Priv Nuisance?
1) They have a right to bring action and that the person they are suing is capable of being a D
2) There was interference in the form of either physical damage or ‘loss of amenity’
3) Interference is ‘sufficiently serious’ in all circumstance to be unlawful
What are the parties involved in private nuisance?
1) Claimant- person who has a legal interest in the land, owner/tenant
2) Defendant- creator of the nuisance (incudes landlord of a tenant if they authorise the activities)
What happens in (Hunter v Canary Wharf (1997)?
690 claims, inc children, relationships, spouses of the tenant or owner of property made against the Canary Wharf Ltd. C’s claimed the canary wharf tower interfered with TV reception
Unsuccessful
C’s who are members of a household but dont have an interest in the property cannot be claimed
Why were C’s unsuccessful in (Hunter v Canary Wharf(1997) ?
As Claimants who are members of a household but don’t have an interest in the property cannot be claimed
What happened in (Tetley v Chitty (1986) ?
-Council allowed a go kart club to use land for a track. Nearby residents brought an action in nuisance
Council were liable
A person who owns the land and gives permission for the activity that is a nuisance will be liable
What do we learn in (Tetley v Chitty) (1986)?
A person who owns the land and gives permission for the activity that is a nuisance will be liable
What happened in (Cocking & Another v Eacott & Another) (2016)
D owned a property, allowed daughter to live in rent free. C sued D for nuisance created by the excessive barking of her daughter’s dog
D Liable
Whoever is in control of the premises can be sued for nuisance
What do we learn from (Cocking & Another v Eacott & Another (2016) ?
Whoever is in control of the premises can be sued for nuisance
What are the two types of interference?
-Physical damage
-Loss of amenity (enjoyment of land)
What is included in Physical damage?
-Plants, crops, damage to goods stored on the land
What is meant by Loss of Amenity (enjoyment of land)?
Where there is no physical damage, but C’s right to enjoy land is restricted such as being unable to sleep due to excessive noise!
What will courts consider when deciding if a interference is ‘unlawful’ ?
1) Locality
2) Duration
3) Degree Of Interference
4) Sensitivity
5) Reasons for D’s interference
6) Motive Behind The Activity
What do we view when looking at LOCALITY?
Where did the nuisance take place. Less nuisance expected in ‘quiet residential’ areas in comparison to industrial areas
What do we view when looking at DURATION?
How long was the interference going on for? What time?
The more persistent a nuisance, the more likely the courts are going to deem it an unlawful one
Single events can be deemed a nuisance if they cause ‘serious’ interreference with C’s land (Crown River Cruises v kimbolton Fireworks (1996)
What do we view when looking at DEGREE OF INTERFERENCE?
-How bad was the interference to C’s land
-Low level interference is not going to be sufficient where C suffers loss of amenity
-Where physical damage is concerned, only small interferences can be unlawful
What do we view when looking at SENSITIVITY?
Was C using the land for sensitive purpose? was interference RF?
C can only claim if ‘ordinary use’ of land affected
C’s claim wont succeed if interference is one of sensitive nature
What do we view when looking at REASONS FOR D’S INTERFERENCE?
Did D have a good reason for their activities was there a social benefit?
Where D has a good justification for activity/ social benefit courts may not issue an injunction as a remedy, award compensation
What do we view when looking at MOTIVE BEHIND THE ACTIVITY?
Was D deliberately trying to harm C with activity if so the unreasonable behaviour is likely to be considered as a nuisance
What happened in (St Helens Smelting v Tipping (1865)?
C owned a manor house with 1300 acres of land, situated a short distance from D’s copper smelting business. C brought a nuisance to D as of damage caused by his business to crops, trees and foliage. D argued use of property was reasonable given locality and his factory was there before C bought property
D liable of Priv Nuisance
Where there is physical damage to property, the locality principle has nor relevance. It is no defence that the claimant came to the nuisance
What do we learn in (St Helens Smelting v Tipping (1865)?
Where there is physical damage to property, the locality principle has nor relevance. It is no defence that the claimant came to the nuisance
What happened in Crown River Cruises v Kimbolton Fireworks (1996)?
D conducted a firework display. Some burning debris from display landed on a barge and caught fire
D liable
Even a single event can amount to unlawful interference if its severe enough
What does (Crown River Cruises v Kimbolton Fireworks(1996) tell us?
Even a single event can amount to unlawful interference if its severe enough
What do we learn in (Murdoch v Glacier Metal(1998)?
A low level noise preventing sleep will not constitute an actionable nuisance when considering the area(a busy bypass) where no one else had complained of the noise