Reasonableness Flashcards
Locality/ character of neighbourhood
Only considered when C has experienced a loss; eg of sleep or enjoyment
Laws V Florinplace
Injunction to close sex shop in area surrounded by other shops, restaurants and other residential properties
Schwab V Costaki
CoA decided running a brothel in a respectable neighbourhood constituted a nuisance
St hellings V Tippings
Established the character of the neighbourhood doesn’t need to be considered when there are damages to property. Damage needs to be redressed
- acid smut damaged trees and plants on c’s property
Sensitivity of C
If C is considered particularly sensitive or conditions are too demanding, there may be no action for nuisance
Unless the actions of D would have disturbed the ordinary reasonable person
Robinson V Kilvert
The requirements for maintaining his brown paper was too much
Network Rail V Morris
CoA dismissed Cs claim stating electric guitar were abnormally sensitive equipment and interference was not forseeable
Duration of the nuisance
Nuisance has to be continuous
Crown RC V K Fireworks
Fireworks lasted 20 mins, permanently docked as it was regarded as an extension of Cs land
Christie V Davey
Behaviour was regarded as malicious and held as not legitimate since it was for purpose of vexing
Hollywood SFF V Emmett
D regularly shot his gun to stop breeding foxes, use of gun was regarded as malicious despite it being not being unreasonable for a farmer to use their gun
Miller V Jackson
CoA held £400 of compensation for damages was enough and injunctions against playing cricket was to be lifted
Adams V Ursell
Providing a service/ eatery was outweighed by the precise end nuisance
