Private Nusciance Flashcards
Who can sue
Hunter v canary wharf
Occupier of land can sue
Leaky v national trust
Crater of nusciance can be sued
Tetley v chitty
Unreasonable use of land
Locality
Laws v florinplace
Unreasonable use of land
Duration
Crown River cruises v Kimbolton fireworks
Unreasonable use of land
Malic
Hollywood silver fox farm v emmet
Unreasonable use of land
Sensitivity
Network rail v morris
Now unreasonableness
Unreasonable use of land
Social benefit (less likely to be unreasonable)
Miller v jackson
Leads to direct interference with enjoyment of the land
Shwab v costaki
This has caused damage to the claiment
St Helens smelting co v tipping
Specific defenses
Prescription
Coventry v lawrence
Specific defenses
Moving to the nuscuance
Not a defence
Sturges v bridgeman
Specific defenses
Statutory authority
Allen v gulf oil refining
When changes character of land local authority planning permission/ Gillingham v medway