(RED( Private Nuisance Flashcards
Surges v Bridgeman
Noise and vibrations
St Helens Smelting v Tipping
Smoke and fumes
Bliss v Hall
Smells
Halsey v Esso Petroleum
Smells and physical damage
Hunter v Canary Wharf
Problems with TV reception
Would open the floodgates
Private nuisance quote
‘Unlawful (unreasonable) interference with a person’s use or enjoyment of land coming from neighbouring land’
3 elements nuisance
1) interference
2)damage
3) unlawful (unreasonable)
Interference
Sturgeon v bridgeman - noise and smells
St Helens smelting v tipping - smoke and fumes
Bliss v hall - smells
Halsey v esso petroleum - smells and physical damage
HUNTER V CANARY WHARF - floodgates
Damage
Must prove reasonably foreseeable
Unreasonable factors to consider
‘Live and let live’
Sensitivity
Locality
Planning permission
Duration
Malice
Sensitivity
Robinson via kilvert - delicate brown paper
McKinnon industries v walker - orchards, gas - normal enjoyment infringed
Locality
surges v bridgemen - ‘what maybe a nuisance in belgrave square would not be a nuisance in Bermondsey’
St Helens smelting co v tipping - area doesn’t apply to physical damage
Murdock v glacier metal co - factory above WHO levels but loud bypass nearby
Planning permission
Wheeler v Saunders - no change in character of neighbourhood so nuisance despite planning permission
Gillingham BC v Medway - planning permission granted for commercial port - change nature so no nuisance
Duration
De Keyser’s royal hotel v spicer bros - prevent night building work even though only temporary
Crown river cruisers v kimbolton fireworks - 20 min fireworks were nuisance
Malice
Turns reasonable act into unreasonable
Christie v Davey - distrusted music teacher with malicious noises
Who can be sued
- creator of nuisance
- occupier of land - aware of third party nuisance
- owner if land - only if in control
Tetley v chitty - l.a allowed go-karting on land - liable
Who can sue
Proprietary interest in land - own or rent
Hunter v Canary Wharf
Nuisance Defences
Coming to nuisance (not defence) - miller v Jackson
Care and skill - no
Public defence - no - miller v Jackson
Prescription - 20 years with no change and no action taken
Nuisance Remedies
Abatement - self-help
Damages - rare,Coventry v Lawrence -motor sports, public benefit considered
Prohibitory injunction - stops or limits
Bellew v cement - Ireland’s only cement factory closed
Kennaway v Thompson - boat racing, races increased, noise, injunction
Mill v Jackson - damages
Mandatory - must do something