Public nuisance Flashcards
What is a public nuisance?
When a class of people are affected by an unlawful act or omission. The claimant must suffer a special damage which is over and above that of the rest of the class.
What is a class of people?
- A group of people who are affected by the nuisance.
- The amount of people who are needed to suffice a class depends on the facts of each case.
What happened in the case of Attorney general V PYA?
Stated that a public nuisance is one which is so widespread in its range that it would be unreasonable to expect one person to take proceedings on their own.
What is the special damage?
Must all have a common injury and the claimant must be able to prove that they are suffering damage over and above that of rest of them.
What happened in Castle V St Augustine links?
Class of people were all drivers along the road, although the claimant suffered special damage as he suffered personal injury and damage to property.
What happened in Corby group V Corby council?
Can claim for personal injury caused by a public nuisance, after babies were born deformed due to harmful toxins..
They stated its an unlawful act or omission which endangers the life, safety, health, property comfort of the public.
What happened in Halsey V Esso?
Can claim for damage to any goods, after oily smuts damaged the paintwork of claimants car.
What happened in Rose v Miles?
If the claimant suffers a financial loss, they are able to claim for this.
Had to pay for alternative transport due to blocking of the barge. They were able to claim.
What defences are available for public nuisances?
- Consent and contributory nuisance apply.
- Statutory authority may allow them to carry out the activity.
What remedies are available for public nuisances?
- Both an injunction and award of damages is available. Injunction would benefit the entire class while damages only benefits the claimant.
