Public nuisance

Question 1

Is public nuisance a crime or a tort?

Answer 1

A public nuisance is a crime. Very occasionally, however, it may also be a tort where the harm suffered is by a section of the community or the community as a whole.

Question 2

Examples of public nuisance? What are they regulated. by?

Answer 2

Pollution, noise and public health measures. Many regulated by statute and statutory regulations e.g. s.79 Environmental Protection Act 1990.

Question 3

Definition of public nuisance? What case?

Answer 3

"...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 [1957]

Question 4

What are the preliminaries to consider with public nuisance?

Answer 4

1. Who can sue in public nuisance?

2. Who can be sued in public nuisance?

Question 5

1. Who can sue in public nuisance?

Answer 5

1. An individual.
2. A Local Authority. - may sue on own behalf. When suing on behalf on residents, only remedy available is injunction.
3. The Attorney General. - class of people - will bring claim on their behalf - only remedy available is injunction.

Question 6

What can 1. An individual sue?

Answer 6

Very limited circumstances. To qualify, they must be able to show that they have suffered ‘special damage’.
In Colour Quest Ltd v Total Downstream UK Plc, the court stated that ‘special damage’ must be direct and substantial.

Question 7

3 case examples of individuals who brought claims in public nuisance?

Answer 7

Tate & Lyle v GLC [1983]: dredging river to build ferry terminal - C recovered even though didn’t own any of river - building interfered with public right of navigation.
Lyons Sons & Co v Gulliver [1914]: D caused queue outside C’s cafe twice daily - pure economic loss.
Rose v Miles (1815): D obstructed canal - prevented C from transporting goods.

Question 8

2. Who can be sued in public nuisance?

Answer 8

Action in public nuisance rare - little debate re. who can be sued. Usually identifiable - creator of the nuisance (Thomas v NUM) or any person who is ‘responsible’ for the nuisance (e.g. an owner/occupier) may be sued.

Question 9

Elements of public nuisance?

Answer 9

1. Act or omission; straightforward
2. One-off event; straightforward - unlike private (continuing)
3. Class of Her Majesty’s subjects; and
4. Materially affects comfort and convenience.

Question 10

What’s meant by 3. Class of Her Majesty’s subjects? Context and case?

Answer 10

Necessary to show that the effect of the nuisance is sufficiently widespread. There is no exact number of people who have to be affected for there to be a public nuisance.
In R v Rimmington [2005] UKHL 63, the court held that a ‘class’ referred to a ‘section of the public’ or ‘the community’ or ‘a significant section of the community’. A class also had to suffer a ‘common injury’.

Question 11

What’s meant by 4. Materially affects comfort and convenience? Context and case?

Answer 11

Damage that is recoverable in public nuisance includes property damage and consequential economic loss.
However; damages for personal injury can also be recovered (Corby Group Litigation v Corby Borough Council [2009]) as can damages for pure economic loss (Rose v Miles).
Claimant can also claim for inconvenience (Walsh v Ervin [1952]) but interference/inconvenience must be ‘material’.
The type of loss must also be reasonably foreseeable (Wagon Mound (No. 2).

Question 12

What’s the situation with defences and remedies for public nuisance?

Answer 12

Same as for private except for prescription. Prescription is not a defence as a person cannot accede to a crime. The main defence in public nuisance is that of statutory authority.
Injunctions and/or damages are available as for private nuisance.
Note that if the claim is brought by the local authority or Attorney General, the only remedy available is an injunction.

Question 13

Examples of public nuisance?

Answer 13

Pop festival: Attorney General of Ontario v Orange (1971)
Blocking a canal: Rose v Miles (1815)
Picketing on a highway: Thomas v NUM [1985]
Hit by golf ball - highway users: Castle v St Augustine’s Link (1922)
House party: R v Shorrock [1993]
Defecating pigeons: Wandsworth London Borough Council v Railtrack plc [2001]
Carrying waste in uncovered vehicles: Corby Group Litigation v Corby District Council [2009]