public nuisance (less important) Flashcards
when does public nuisance apply
where a group is affected
what case said can bring an action in the tort of public nuisance as well as private nuisance in respect of the same disturbance
o Halsey v Esso Petroleum
o D’s use of land does materially affect the reasonable comfort and convenience of a representative class of Her Majesty’s citizens as in what case
AG v PYA Quarries
o If the interference with public life is found to be substantial what can happen
a criminal action can be taken on behalf of C and the others by the Attorney General
o Unlike private, public nuisance can involve interference with something other than a person’s enjoyment of land itself as in what case
Tate & Lyle v GLC where navigation of the River Thames was affected.
o C may also have an independent civil action as he can show that he suffered damage above and beyond that of the others as in what case
Castle v St. Augustine Links
