Public Nuisance

Question 1

AG v PYA Quarries

Answer 1

Public nuisance = acts or omissions of the defendant that materially affect the reasonable comfort and convenience of a class of Her Majesty's subjects
'Class' - depend on facts of each case
Loss must be material

Question 2

AG of Ontario v Orange

Answer 2

Pop festival is a public nuisance

Question 3

Rose v Miles

Answer 3

Blocking a canal is a public nuisance
PEL is recoverable in private nuisance
Special damage = PEL as well as common inconvenience

Question 4

Thomas v NUM

Answer 4

Picketing on the highway is a public nuisance

Question 5

Castle v St Augustines Links

Answer 5

Hitting golf balls onto the highway is a public nuisance

Question 6

R v Shorrock

Answer 6

Throwing an acid house party is a public nuisance

Landowners can be liable for actions of third parties if they ought reasonable to have known about the nuisance

Question 7

Wandsworth LBC v Railtrack plc

Answer 7

Defecating pigeons is a public nuisance

Defendant can be liable for actions of wild species if they take no steps to abate the damage

Question 8

Corby Group Litigation v Corby DC

Answer 8

Carrying waste in uncovered vehicles is a public nuisance

Personal injury is recoverable under public nuisance

Question 9

Tate & Lyle v GLC

Answer 9

Claimant was able to claim for dredging the river to approach jetty despite to legal interest in the river affected
Special damage = business loss as well as inconvenience (residential class of victims)

Question 10

Gouriet v Union of Post Office Workers

Answer 10

If the AG refuses to take on a claim, then the courts will not question this decision or hear the action if brought individually

Question 11

Birmingham CC v Shafi

Answer 11

Local authorities cane bring claims affecting the community in general (injunction only)

Question 12

Thomas v NUM

Answer 12

Creator of the nuisance can be sued

Question 13

R v Rimmington & Goldstein

Answer 13

Class of subjects must suffer a common injury
Abusive messages on mail were not actionable because the class of people had suffered separately

Question 14

Jan de Nul v NV Rotale Belge

Answer 14

Class =  a reasonably high percentage of those who could have been affected were actually affected
Substantial = more than trivial

Question 15

Halsey v Esso Petroleum

Answer 15

Property damage is recoverable under public nuisance

Question 16

Walsh v Ervin

Answer 16

A substantial and direct inconvenience is recoverable in public nuisance
Special loss = greater extent of loss

Question 17

Benjamin v Storr

Answer 17

Loss must be direct and substantial

Special damage = PEL as well as common inconvenience

Question 18

Wagon Mound (No 2)

Answer 18

Loss must be foreseeable

Question 19

Savage v Fairclough

Answer 19

Pig farmer received expert advice which turned out to be polluting claimant’s water supply - not foreseeable so not fair to hold him responsible

Question 20

Ticket v Metropolitan Railway

Answer 20

Claimant must suffer special loss over and above the rest of the class

Question 21

Martin v LCC

Answer 21

Commercial loss will not be special damage if the rest of the class also suffer commercial loss

Question 22

Dymond v Lorry

Answer 22

Motorcyclist crashed with stationary lorry that was parked in wrong place - claimant had consented to the normal risk of crashing into things by not driving carefully (100% contributorily negligent)