Public Nuisance Flashcards
What is the difference between a public and a private nuisance
Private nuisance seeks to protect private rights and enjoyment of land
Public nuisance is a nuisance which affects the public genereally.
Where was public nuisance defined
Defined in AG vs PYA Quarries
‘materially affecting the reasonable comfort and convenience of life of a class of her majesty’s subjects’
public nuisance is both a tort and a crime
How has public nuisance changed
Used to be used to mostly deal with obstructing the public highway but now these are covered by other acts such as the Highways act.
Rimmington stated that public nuisance should not be used for conduct which is not covered by other statute unless there is a good reason.
What are the two requirements for proving a ‘public nuisance’ ?
1) Risk of nuisance was reasonably foreseeable - R vs Goldstein
2) A class of people were affected - R vs Rimmington
What is meant by a ‘class of people’
In the context of public nuisance, “a class of people” refers to a group of individuals who are collectively affected by an act or condition that unreasonably interferes with their rights, comfort, or convenience in the use of public space.
The nuisance must affect a sufficiently large and identifiable group of people. This group must be more than just a few individuals and generally represents a section of the public or the community at large.
The interference typically pertains to public rights, such as the right to clean air, safe public spaces, and the unobstructed use of highways or public pathways.
Examples: Common examples include pollution of air or water,
What are the three ways civil actions can be brought against those committing a public nuisance.
By a realtor action - Where the attorney general brings the case against the D on behalf of a private citizen (extremely rare)
By Local authority - They can bring the action under the Local government act
By an action for tort by a private citizen - must show that they suffered special damaged beyond what the rest of the rest of the ‘class of people’
Criticisms of Public Nuisance
Vagueness and Ambiguity: The definition of what constitutes a public nuisance can be unclear, leading to inconsistent application and uncertainty in enforcement.
Overlapping Jurisdictions: Public nuisance laws can overlap with other regulations and statutes, causing confusion about which law applies and how it should be enforced.
Difficulty in Proving Harm: It can be challenging to demonstrate that a nuisance affects a sufficiently large group of people or the public at large, making it hard to succeed in legal actions.
Lack of Private Enforcement: Since public nuisance generally impacts communities, individual victims may have limited ability to bring lawsuits unless they can prove special damage beyond what the general public suffers.
Inadequate Remedies: The remedies available for public nuisance, such as injunctions or fines, may not always be sufficient to address the harm or prevent future occurrences.
Government Discretion: Enforcement often relies on government authorities, which can lead to selective or inconsistent enforcement based on political or administrative priorities.
