PUBLIC NUSIANCE

Question 1

PUBLIC

Answer 1

protects against an interference of the wider public
- it is a crime, which may also be a tort
Romer LJ in Attorney General v PYA
Quarries Ltd (1957), a public nuisance is an act or omission ‘which materially affects the reasonable comfort and convenience of life of a class of Her Majesty’s subjects.’

Attorney General v PYA Quarries LTD (1957)
- the defendants used a system of blasting that created dust and noise and vibrations and splinters to project from their quarry
held: public nuisance as there were two highways and 30 houses close to the quarry

Question 2

SUE

Answer 2

Because a class or cross-section of the public is affected, a claim must be brought by a local authority on behalf of the community under the Local Government Act 1972, s 222, or (as in the PYA case) by the Attorney- General.

An example of a claim being brought by the local authority is Gillingham Borough Council v Medway Doc Co (1993)

a tort claim can only be brought when the claimant has suffered particular damage over and above that of other members of public

Question 3

Personal injury claim

Answer 3

corby group claimants v Corby Bc (2009)

• d under took reclamation and decontamination work
• included diand dump of the materials
• 18 ppl were born with deformities within those times and that their mothers lived by that land
  held: claim could proceed
  -

Question 4

similiarities of public and private

Answer 4

• they both protect indirect interference with use of enjoyment of land
• the rules on who can be sued are the same in each case
• the same conduct may give rise to an action in both public and private
• they both require that the interference is unreasonable