Private Nuisance & Rylands v Fletcher Flashcards
Private nuisance is defined as ‘an u_______ indirect i_________ with a person’s u__ or e________ of land coming from a neighbouring land’. (Winfield & Jalowicz)
Unlawful, interference, use, enjoyment
What are the 3 types of nuisance?
Loss of amenity
Material damage
Loss of value to land
What are the two parties to an action? And what qualifies each one?
Claimant - must have a proprietary interest in the land (Hunter v Canary Wharf)
Defendant - creates/authorises the nuisance (Tetley v Chitty)
What does ‘unlawful’ mean?
Unreasonable
What are the 3 main “unreasonableness factors”?
Locality, duration, degree of interference
What must be considered for locality in private nuisance?
The character of the neighbourhood eg. Residential, commercial, industrial
Where does the ruling ‘What would be a nuisance in Belgrave Square would not necessarily be so in Bermondsey’ come from?
Thesiger LJ in Sturges v Bridgman
What counted as a nuisance in Crown River Cruises v Kimbolton Firework Ltd.?
A single 20 minute firework display which set a river barge alight
What is more likely to make the duration of a nuisance unreasonable?
Continuous/for long periods of time, carried out at unreasonable hours of the day (early morning & evenings)
In which case was damage to the defendant’s special paper not awarded with an injunction and why?
Robinson v Kilvert - the court ruled that normal paper would not have dried out, so it was not awarded
What does the case Hollywood Silver Fox Farm v Emmett tell us about malice?
A deliberate harmful act will normally been seen as unreasonable nuisance
What happened in Christie v Davey?
D was annoyed at C, who held music lessons in their house. D responded by banging on the walls, shouting and blowing whistles. This was deemed deliberate and malicious
How might social utility affect a nuisance claim?
If the defendant is providing a benefit to the community, their actions may be seen as reasonable (Miller v Jackson). It may also affect the remedy
What was the nuisance in Laws v Florinplace Ltd.?
A sex shop was set up in a fairly residential location, and this was seen as unreasonable in terms of locality
What was not considered a loss of amenity in Hunter v Canary Wharf Ltd.?
Interference with television reception
Give two examples of loss of amenity
Fumes, smells from farms, loud noises
Give two examples of material damage
Oily smuts from chimneys, fire, cricket balls being hit into a garden