Public nuisance Flashcards

1
Q

Is public nuisance a crime or tort?

A

Both! It is a crime but occasionally can be tort where the harm suffered is by a section of the community as a whole

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2
Q

What is the most common public nuisance?

A

obstruction of her majesty’s highways (highways legislation)

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3
Q

What is the definition of public nuisance?

A

‘…acts or omissions of the defendant that materially affect the reasonable comfort and convenience of life of a class of Her Majesty’s subjects.’ (Attorney General v PYA Quarries)

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4
Q

Who can sue in public nuisance? And what circumstances?

A
  1. An individual.
    - very limited circumstances.
    - they must be able to show that they have suffered ‘special damage’ (Ricket v Metropolitan Railway).
    - Special damage means that the claimant has suffered over and above the rest of the class (and that there is, therefore, a class in the first place) or in a way that is different in kind from that suffered by the rest of the class.
    - DO NOT NEED to have an interest in the land affected
  2. A Local Authority.
    - A local authority can sue on its own behalf and in its own name
  3. The Attorney General.
    - where a class of people are affected by the public nuisance and no individual action is possible or forthcoming, the Attorney General may bring the claim
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5
Q

Who can be sued in public nuisance?

A
  • the creator of the nuisance (Thomas v NUM)

- any person who is ‘responsible’ for the nuisance (e.g. an owner/occupier) may be sued.

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6
Q

What are the elements of public nuisance?

A
  1. Act or omission
  2. One-off event
    - this is UNLIKE private nuisance
  3. Class of Her Majesty’s subjects
    - no exact number
    - It is not necessary to prove that every member of the class has been injuriously affected, just that a representative cross-section of the class has been affected (AG v PYA Quarries).
  4. Materially affects comfort and convenience (The Loss)
    - Property damage and CEL is recoverable (Halsey v Esso Petroleum)
    - damages forpersonal injurycan also be recovered (Corby Group Litigation v Corby Borough Council)
    - PEL can be recovered (Rose v Miles)
    - can also claim for inconvenience (Walsh) annoyance/ irritation will be sufficient (must be material)
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7
Q

What defences are available? (Public nuisance)

A
  1. Statutory authority
  2. Consent
  3. Contributory negligence
  4. Act of third party; and
  5. Act of God.
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8
Q

What remedies are available? (Public nuisance)

A
  • Injunctions and/or damages are available.
  • Note that if the claim is brought by the local authority or Attorney General, the only remedy available is an injunction.
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