Public Nuisance

Question 0

What are the elements of the Public Nuisance action?

Answer 0

1. Act or omission which infringes the comfort or convenience of the public generally
2. Defendant must satisfy the mens rea element.
3. Claimant must have suffered damage over and above that suffered by the public generally

Question 1

What is public nuisance?

Answer 1

Any nuisance is “public” which materials affects the reasonable comfort and convenience of life of a class of Her Majesty’s Subjects.

Romer LJ in AG PYA Quarries