Public nuisance Flashcards
Is public nuisance a crime or tort?
Both! It is a crime but occasionally can be tort where the harm suffered is by a section of the community as a whole
What is the most common public nuisance?
obstruction of her majesty’s highways (highways legislation)
What is the definition of public nuisance?
‘…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)
Who can sue in public nuisance? And what circumstances?
- 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 - A Local Authority.
- A local authority can sue on its own behalf and in its own name - 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
Who can be sued in public nuisance?
- the creator of the nuisance (Thomas v NUM)
- any person who is ‘responsible’ for the nuisance (e.g. an owner/occupier) may be sued.
What are the elements of public nuisance?
- Act or omission
- One-off event
- this is UNLIKE private nuisance - 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). - 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)
What defences are available? (Public nuisance)
- Statutory authority
- Consent
- Contributory negligence
- Act of third party; and
- Act of God.
What remedies are available? (Public nuisance)
- 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.