public nuisance

Question 1

what is public nuisance?

Answer 1

public nuisance protects claimants from ‘special damage’ resulting from the defendants unreasonable obstruction of the highway

Question 2

what are the ingredients involved for a claim in public nuisance?

Answer 2

the claimant must belong to a class of the public and must show special damage, they must have suffered some special damage above and beyond when the ordinary person would suffer as a result of the defendants actions

Question 3

what does the Attorney General v PYA Quarries Ltd 1957 case state?

Answer 3

‘any nuisance is ‘public’ which materially affects the reasonable comfort and convenience of life of a class of her majesty’s subjects. the sphere of nuisance may be described generally as ‘ the neighbourhood’; but the question whether the local community within that sphere comprises a sufficient number of persons to constitute a class of the public is a question of fact in every case’

Question 4

what do the cases of R v Rimmington and R v Goldstein tell us?

Answer 4

both of these cases are criminal cases and so are merely persuasive, they tell us that in order for a claim in public nuisance to suffice the nuisance must affect a class of people, the defendant must also know that public nuisance would occur from his/her actions.

Question 5

who can sue in public nuisance?

Answer 5

1 - claimant of the affected class (Quarries case)
2 - local authority on behalf of the public - Local Government Act 1972
there is no requirement of a proprietary interest in the land to claim (Colour Quest Ltd and Others v Total Downstream UK PLC and others)

Question 6

Corby Group Litigation v Corby PLC (damages for public nuisance)

Answer 6

this case illustrates that in public nuisance actions claimants can recover damages for personal injuries (different to that of private nuisance)

Question 7

for what can an individual bring a claim in tort for public nuisance?

Answer 7

1 - natural projections (Noble v Harrison 1926)
2 - artificial projections - occupier is under a duty to keep his or her premises in good repair even if he or she does not know of a defect.

Question 8

Noble v Harrison 1926 (natural projections)

Answer 8

• branch of a tree on the defendants land fell causing damage to the claimants vehicle
• defendant was unaware of this
• in natural projection cases the defendant will only be liable if he/she knows or ought to know of the defect

Question 9

Tarry v Ashton 1875-76 (artificial projections)

Answer 9

• defendant was found liable for damage caused to the claimant when a lamp that was fixed to his building fell and landed on the claimant
• court said that a defendant in his circumstance owes a positive, continuing and non-deletant duty to keep his premises in good repair
• there is a large responsibility of occupiers of property, why occupies should have building insurance as this will cover these damages

Question 10

Wringe v Cohen 1940 (artificial projections)

Answer 10

• court follows the Tarry ruling
• the gable end of defendants house collapsed causing injury to the claimant
• essentially a form of strict liability as the defendant would be strictly liable if part of his/her premises cause harm to the claimant

Question 11

what are the remedies for public nuisance?

Answer 11

all the same as those offered in private nuisance cases however damages are more likely to be awarded as they can be awarded for personal injury.