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Law Second Year > Tort Law - Nuisance > Flashcards

Tort Law - Nuisance Flashcards

1
Q

Act on statutory nuisance

A

Environmental Protection Act 1990

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2
Q

What Part of the Environmental Protection Act 1990 allows a local authority to take enforcement action?

A

Part III

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3
Q

Part III Environmental Protection Act 1990

A

local authority can take enforcement action against a person whose premises are in a condition prejudicial to health

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4
Q

local authority can take enforcement action against a person whose premises are in a condition prejudicial to health

A

Part III Environmental Protection Act 1990

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5
Q

What is public nuisance a broad principle of?

A

Criminal liability

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6
Q

What is public nuisance based on?

A

An unlawful act or omission which endangers the life, safety, health, property or comfort of the public

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7
Q

An unlawful act or omission which endangers the life, safety, health, property or comfort of the public is the definition of what

A

Public nuisance

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8
Q

Who needs to be affected for a public nuisance claim?

A

A class of the public

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9
Q

Who typically brings public nuisance prosecution?

A

AG

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10
Q

When can an individual bring a civil claim for public nuisance?

A

If they have suffered damage above and beyond that suffered by the ordinary individual

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11
Q

If an individual brings a civil claim for public nuisance, what is the claim for?

A

Claim for special damage

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12
Q

AG v PYA Quarries general

A

Failed to distinguish from private

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13
Q

Failed to distinguish from private

A

AG v PYA Quarries

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14
Q

AG v PYA Quarries judgment

A

‘Public’ is a question of fact

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15
Q

What where the two suggested categories of people for public nuisance in AG v PYA Quarries?

A

Either a neighbourhood or so widespread that it is taken on the responsibility of the community at large

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16
Q

East Dorset DC v Eaglebean general’

A

‘substantial’

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17
Q

East Dorset DC v Eaglebean judgment

A

‘Substantial’ number of houses affected = public nuisance

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18
Q

‘Substantial’ number of houses affected = public nuisance

A

East Dorset DC v Eaglebean

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19
Q

In re Corby Group Litigation general

A

De-contamination, disabled

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20
Q

De-contamination, disabled

A

In re Corby Group Litigation

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21
Q

In re Corby Group Litigation judgment

A

Public nuisance is not limited to damage to the land

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22
Q

What case showed public nuisance is not limited to damage to the land?

A

In re Corby Group Litigation

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23
Q

What is the primary penalty for public nuisance?

A

A fine

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24
Q

What is also possible as a penalty for public nuisance, apart from a fine?

A

An injunction

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25
Q

Why does public nuisance have more advantages than private nuisance claim?

A

Wider range of recoverable losses

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26
Q

Tate & Lyle v GLC general

A

Ferry terminals, silt, jetty

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27
Q

Ferry terminals, silt, jetty

A

Tate & Lyle v GLC

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28
Q

Tate & Lyle v GLC judgment

A

Mere obstruction of public navigation meant no private nuisance, but allowed public nuisance

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29
Q

What gave special damage and thus locus standi for individual to bring a claim in Tate & Lyle v GLC?

A

Cost of dredging

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30
Q

What two possible remedies can C claim in private nuisance?

A

Damages or injunction

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31
Q

Hunter v Canary Wharf general

A

TV signal and dust

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32
Q

What case shows only those with exclusive possession can bring a private nuisance claim?

A

Hunter v Canary Wharf

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33
Q

Hunter v Canary Wharf judgment on locus standi for private nuisance

A

only those with exclusive possession can bring a private nuisance claim

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34
Q

TV signal and dust

A

Hunter v Canary Wharf

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35
Q

What judge in the minority referred to the UN Convention on Rights of the Child in Hunter v Canary Wharf?

A

Lord Cooke

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36
Q

Why did Lord Cooke dissent in Hunter?

A

Should think broadly on who can sue in nuisance, anxious about discriminating against those without property interests

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37
Q

What judge in what case was anxious about private nuisance discriminating against those without property interests?

A

Lord Cooke in Hunter

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38
Q

What case shows that private nuisance is a tort against LAND?

A

Hunter

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39
Q

What judge in what case emphasised how, although private nuisance must related to land, we should think about damage to the AMENITY value of the land?

A

Lord Hoffmann in Hunter

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40
Q

Two cases on reasonable user for private N

A

Hunter; Bridlington Relay v Yorkshire Electricity Board

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41
Q

Hunter v Canary Wharf on reasonable user

A

TV claim failed because D, as a matter of law, could put up the building

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42
Q

Why did the judges suggest in Hunter that in other circumstances TV claim might succeed?

A

TV use now ordinary and part of daily life

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43
Q

What case can Hunter be contrasted with on reasonable user?

A

Bridlington Relay v Yorkshire Electricity Board

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44
Q

Bridlington Relay v Yorkshire Electricity Board general

A

TV signal interference

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45
Q

Bridlington Relay v Yorkshire Electricity Board judgment

A

TV purely recreational so not important enough to count as nuisance

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46
Q

What case enforces the importance of locality to determine reasonable user for private nuisance?

A

St Helen’s Smelting v Tipping

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47
Q

St Helen’s Smelting v Tipping general

A

Smelting factory damaging garden

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48
Q

Smelting factory damaging garden

A

St Helen’s Smelting v Tipping

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49
Q

St Helen’s Smelting v Tipping judgment

A

Locality irrelevant for physical injury but relevant if ‘sensible personal discomfort’

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50
Q

What is an advantage of St Helen’s Smelting v Tipping?

A

Considers public interest, e.g. inconvenience is necessary for town benefit

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51
Q

What case doubts the decision in St Helen’s Smelting v Tipping?

A

Hunter

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52
Q

How does Hunter cast doubt on St Helen’s Smelting v Tipping?

A

Both physical injury and loss of amenity amounted to a property interest interference, so same test (e.g. locality) should apply to both

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53
Q

What case suggested both physical injury and loss of amenity amount to a property interest interference?

A

Hunter

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54
Q

Sturges v Bridgman general

A

Belgrave Square

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55
Q

Surges v Bridgman judgment on locality

A

‘what is a nuisance in Belgrave Square is not necessarily a nuisance in Bermondsey’

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56
Q

‘what is a nuisance in Belgrave Square is not necessarily a nuisance in Bermondsey’

A

Sturges v Bridgman

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57
Q

What case affirmed St Helen’s?

A

Sturges v Bridgman

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58
Q

Lawrence v Fen Tigers Ltd general

A

Car and bike racing

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59
Q

Car and bike racing

A

Lawrence v Fen Tigers Ltd

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60
Q

Lawrence v Fen Tigers Ltd judgment on locality

A

Look at established pattern of use rather than monochrome categorisation of localities

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61
Q

What case was critical of the basic distinction between a residential or industrial locality?

A

Lawrence v Fen Tigers Ltd

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62
Q

Haley v Esso Petroleum general

A

Immunity

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63
Q

Haley v Esso Petroleum judgment

A

Suitable activity for locality is not an immunity

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64
Q

What case enforced that suitable activity for locality is not an immunity?

A

Haley v Esso Petroleum

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65
Q

What case gives the basic position on coming to the nuisance for private N?

A

Sturges v Bridgman

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66
Q

Sturges v Bridgman on coming to the nuisance

A

Irrelevant who was there first

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67
Q

Lawrence v Fen Tigers on coming to the nuisance

A

Per Lord Neuberger, may be different if new occupier changes the use of the land

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68
Q

In what case did what judge suggest the basic rule on coming to the nuisance may be different?

A

Lawrence v Fen Tigers, per Lord Neuberger

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69
Q

Lord Neuberger in Lawrence v Fen Tigers

A

Basic rule on coming to the nuisance may be different if new occupier changes the use of the land

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70
Q

Miller v Jackson general

A

Cricket club

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71
Q

Cricket club

A

Miller v Jackson

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72
Q

Miller v Jackson judgment

A

Irrelevant if cricket grounds there first - coming to the nuisance test for private N

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73
Q

What was the award in Miller v Jackson?

A

No injunction, just damages

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74
Q

Khorasandjian v Bush general

A

Nuisance PHA

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75
Q

Khorasandjian v Bush judgment

A

Threw doubt on requirement of nuisance of being a tort against land - called it ‘ridiculous’

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76
Q

Nuisance PHA

A

Khorasandjian v Bush

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77
Q

What case confirmed the need for nuisance to be against land?

A

Hunter v Canary Wharf

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78
Q

Lord Hoffmann in Hunter on tort against land

A

Nuisance not for personal discomfort but injury to land, so that utility is diminished by the nuisance

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79
Q

Nolan on tort against land

A

PN is a property tort no there is no protection of personal interests

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80
Q

Robinson v Kilvert general

A

Brown paper, heat

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81
Q

Brown paper, heat

A

Robinson v Kilvert

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82
Q

Robinson v Kilvert judgment

A

Extraordinary and sensitive use can’t be considered

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83
Q

Network Rail v Morris general

A

Amplifiers and signalling

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84
Q

Amplifiers

A

Network Rail v Morris

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85
Q

Network Rail v Morris judgment

A

Look to reasonableness and foreseeability when determining relevance of sensitivity - very vague language

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86
Q

What case shows a retreat from Robinson v Kilvert?

A

Network Rail v Morris

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87
Q

Who regards malice as having dubious value in nuisance?

A

Gearty

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88
Q

Christie v Davey general

A

Music teacher

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89
Q

Music teacher

A

Christie v Davey

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90
Q

Hollywood Silver Fox v Emmett general

A

Vixens

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91
Q

Hollywood Silver Fox v Emmett judgment

A

Motive can make an otherwise lawful act a nuisance

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92
Q

Motive can make an otherwise lawful act a nuisance

A

Hollywood Silver Fox v Emmott

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93
Q

Name a case which showed motive in nuisance is determinative

A

Hollywood Silver Fox v Emmott; Christie v Davey

94
Q

What judge in what case stated that malice is a general principle in the law of nuisance?

A

Lord Cooke in Hunter v Canary Wharf

95
Q

Bradford Corp v Pickles general

A

Reservoir diverting

96
Q

Bradford Corp v Pickles judgment

A

P can do what he did, motive is irrelevant

97
Q

What case suggested motive was irrelevant in considering nuisance?

A

Bradford Corp v Pickles

98
Q

How does Taggart reconcile Pickles and Silver Fox?

A

Pickles stops someone receiving something they have no right to get, but Silver Fox about unwanted interference

99
Q

How could Pickles and Silver Fox be reconciles based on pockets?

A

Pickles a specific rule regarding to water courses

100
Q

What supports the view of Pickles as being a specific rule on water courses?

A

North J sat in both Christie v Davey and Pickles

101
Q

What judge sat in both Christie and Pickles?

102
Q

How do Winfield and Jolowicz reconcile Pickles and Silver Fox?

A

Right to make noise is relative, but water rights are absolute

103
Q

How does Gearty reconcile Pickles and Silver Fox?

A

Reconcile on duty of care/not to injure - not present in Pickles

104
Q

What case suggested PB is irrelevant for nuisance?

A

Bamford v Turnley

105
Q

Bamford v Turnley general

A

Brick kiln, employment but smoke and smell

106
Q

What was the PB alleged in Bamford v Turnley

A

Building and employment from making the bricks

107
Q

What is the idea of public benefit in nuisance being irrelevant?

A

In Bramwellian terms (from Bamford v Turnley), PB only if profitable AFTER paying compensation to those injured - only economically efficient activity

108
Q

Dennis v MoD general

109
Q

RAF

A

Dennis v MoD

110
Q

In what case was PB relevant to the remedy only?

A

Dennis v MoD

111
Q

Shelfer v City of London on PB

A

Per Lindley J, if private rights should be extinguished for PB, leave it to P

112
Q

What judge in what case stated that if private rights should be extinguished for PB, leave it to P?

A

Shelfer v City of London per Lindley J

113
Q

What in nuisance is an unusual example of liability for omission?

A

Adopting/continuing the nuisance

114
Q

Sedleigh-Denfield v O’Callaghan general

A

Pipe, grill

115
Q

Pipe, grill

A

Sedleigh-Denfield v O’Callaghan

116
Q

Sedleigh-Denfield v O’Callaghan judgment

A

Knew or ought to have known of problem but did nothing

117
Q

Lambert v Barratt

A

Only reasonable steps requiring to end a nuisance that is continuing (e.g. Sedleigh-Denfield v O’Callaghan)

118
Q

Only reasonable steps requiring to end a nuisance

A

Lambert v Barratt

119
Q

Why is it possible they relied on nuisance in Sedleigh-Denfield?

A

Reluctance to impose positive duty to prevent harm to 3rds

120
Q

Leakey v National Trust general

A

Hill landslides

121
Q

Hill landslides

A

Leakey v National Trust

122
Q

Leakey v National Trust judgment

A

Sedleigh applies despite natural event - take reasonable steps, but consider money available

123
Q

What case showed consideration is taken of money available to D in nuisance?

A

Leakey v National Trust

124
Q

Who said that Leakey robs nuisance of any meaning independent of negligence?

125
Q

Coventry v Lawrence (No.2) general

A

Motor-racing circuit, tenant

126
Q

Coventry v Lawrence (No.2) judgment

A

Narrow liability for landlord - direct participation or authorisation through virtual certainty

127
Q

What case gives narrow liability of landlord in nuisance?

A

Coventry v Lawrence (No.2)

128
Q

What cases conflict on the requirement of nuisance to relate to use of D’s land?

A

Hussain v Lancaster; Lippiatt v South Gloucestershire Council

129
Q

Hussain v Lancaster general

A

Shop, estate, harassment

130
Q

Shop, estate, harassment

A

Hussain v Lancaster

131
Q

Hussain v Lancaster judgment

A

Nuisance based on land, not personal conduct so no claim

132
Q

Lippiatt v South Gloucestershire Council general

A

Travellers causing damage

133
Q

Travellers causing damage

A

Lippiatt v South Gloucestershire Council

134
Q

Lippiatt v South Gloucestershire Council judgment

A

Nuisance arose out of land, which is enough

135
Q

How can we reconcile Hussain and Lippiatt?

A

Hussain trying to sue landlord, but conditions from Coventry not satisfied - Lippiatt is leading case for liability in inviting nuisance guests

136
Q

What is the liability in nuisance generally?

137
Q

What case suggests a more receptive stance in consideration of fault in regard to damages?

A

Coventry v Lawrence

138
Q

Why is the foreseeability requirement in nuisance not the same as that in negligence?

A

Reasonable care is not reasonable use

139
Q

St Helen’s Smelting v Tipping on fault

A

Irrelevant using all technology available to minimise pollution

140
Q

Irrelevant using all technology available to minimise pollution

A

St Helen’s Smelting v Tipping

141
Q

What case suggests nuisance covers isolated escapes?

A

British Celanese v Hunt

142
Q

British Celanese v Hunt general

A

Electrical substation, metal strips

143
Q

Electrical substation, metal strips

A

British Celanese v Hunt

144
Q

British Celanese v Hunt judgment

A

Nuisance despite isolated escape

145
Q

Anglian Water v Crawshaw

A

Amenity damage claim in nuisance doubtful to support a parallel negligence claim

146
Q

Anglian Water v Crawshaw

A

Amenity damage claim in nuisance doubtful to support a parallel negligence claim

147
Q

When does fault appear to be relevant in nuisance?

A

If there is an isolated escape or adoption/continuation of a nuisance

148
Q

Goldman v Hargrave general

A

Red-gum tree

149
Q

Goldman v Hargrave judgment

A

Take into account effort D would have had to make and personal conditions

150
Q

What judge in what case suggested that label of neglience/nuisance is irrelevant?

A

Lord Wilberforce in Goldman v Hargrave

151
Q

Leakey v National Trust on fault

A

Only broad assessment of financial positions, not a close analysis

152
Q

Take into account effort D would have had to make and personal conditions

A

Goldman v Hargrave

153
Q

Only broad assessment of financial positions, not a close analysis for fault

A

Leakey v National Trust

154
Q

Delaware Mansions v Westminster CC on fault

A

Emphasised foreseeability for fault in adopting/continuing a nuisance

155
Q

What case suggested a broader approach to fault in nuisance?

A

Network Rail v Morris - look at foreseeability and reasonableness

156
Q

Two remedies available for nuisance claim

A

Damages or injunction

157
Q

What do damages aim to do

A

Compensate for loss of value caused by nuisance

158
Q

In re Corby Group

A

No claim for death/personal injury in private nuisance

159
Q

What case showed No claim for death/personal injury in private nuisance

A

In re Corby Group

160
Q

Delaware Mansions v Westminster general

A

Tree roots

161
Q

Delaware Mansions v Westminster judgment

A

Recover cost of remedial work and reduction in value

162
Q

What case suggested damages can include cost of remedial work AND reduction in value?

A

Delaware Mansions v Westminster

163
Q

Hunter v Canary Wharf on damages

A

Per Lord Hoffmann, don’t compare with personal injury loss of amenity but loss of amenity in BoC claims for contracts for personal satisfaction (e.g. Huxley)

164
Q

What judge said damages in nuisance shouldn’t compare with personal injury loss of amenity but loss of amenity in BoC Cs for personal satisfaction?

A

Lord Hoffmann in Hunter

165
Q

What case made it clear damages not increased in nuisance by more occupants

A

Hunter v Canary Wharf

166
Q

Lord Cairn’s Act 1858 s.2

A

Damages in addition to or substitute for injunction/specific performance

167
Q

What Act allows damages in addition to or substitute for injunction/specific performance

A

Lord Cairn’s Act 1858 s.2

168
Q

Wagon Mound (No.2) general

A

Sydney Harbour oil spill

169
Q

Wagon Mound judgment

A

Privy Council find remoteness rule same for public and private nuisance - foreseeable KIND of damage

170
Q

From what case is the test of remoteness in nuisance?

A

Wagon Mound No.2

171
Q

What is the test of remoteness for nuisance

A

Foreseeable kinds of damage

172
Q

Why is the remoteness rule from Wagon Mound controversial?

A

Liability not based on foreseeability so why should remoteness

173
Q

Cambridge Water v Eastern Counties on injunctions

A

Fault is irrelevant

174
Q

Kennaway v Thompson general

A

Powerboat racing 75 decibels

175
Q

What case shows courts can impose injunctions with specific conditions?

A

Kennaway v Thompson

176
Q

What case shows fault is irrelevant for injunctions?

A

Cambridge Water v Eastern Counties

177
Q

Powerboat racing 75 decibels

A

Kennaway v Thompson

178
Q

What Rules enforce that injunctions are discretionary and equitable?

A

Rules of the Supreme Court

179
Q

What is the original test for damages in place of injunction and from what case?

A

Shelfer v City of London - harm is small, capable of estimation in and adequately compensated by money and oppressive to grant an injunction

180
Q

Pennington v Brinsop general

A

£190,000, 500 jobs, just £100 a year for C

181
Q

Pennington v Brinsop judgment

A

Damage to D through injunction not considered

182
Q

Isenberg v East India

A

Shows reluctance to grant mandatory injunctions

183
Q

What case shows a reluctance to grant mandatory injunctions?

A

Isenberg v East India

184
Q

Shoreham v Dolphin

A

Courts can suspend an injunction to allow D to alleviate a nuisance

185
Q

What case shows Courts can suspend an injunction to allow D to alleviate a nuisance

A

Shoreham v Dolphin

186
Q

Miller v Jackson general

187
Q

What was the remedy in Miller v Jackson and why?

A

Damages because injunction inappropriate (Denning)

188
Q

Dennis v MoD remedy

A

Damages over £900,000

189
Q

What case shows a significant departure from Shelfer?

A

NDennis v MoD

190
Q

What is it argued the case of Dennis v MoD and particularly its remedy was influenced by?

A

Need to comply with human rights law

191
Q

Watson v Croft Promo-Sport

A

Return to Shelfer

192
Q

What case showed a return to Shelfer on injunctions - rigid?

A

Watson v Croft Promo-Sport

193
Q

Lawrence v Fen Tigers on injunctions

A

Don’t follow Shelfer slavishly

194
Q

Sumption and Clark in Lawrence v Fen Tigers

A

No injunction if authorised by planning permission

195
Q

What judges in Lawrence took a more radical view on injunctions?

A

Sumption and Clark

196
Q

What judge in Lawrence was concerned about the ordinary home-owner in regard to Sumption and Clark suggesting no injunction if planning permission?

197
Q

Who gives points for and against injunctions given as a matter of course?

198
Q

Name some of the reasons Tromans gives for injunctions as a matter of course?

A

Hard to work out damages, gives D ability to purchase nuisance, protects the weak and damages offer no incentive to improve the situation

199
Q

name some of the reasons Tromans gives against injunctions as a matter of course

A

Can be too blunt, economic efficiency and liability may be denied to avoid injunctions

200
Q

What is an alternative limited remedy to nuisance if public authority involved?

A

HRA 1998 if interference with Article 6, breaching s.6

201
Q

What does the remedy under HRA 1998 need to be?

A

Necessary for just satisfaction to C

202
Q

McKenna v British Aluminium general

203
Q

McKenna v British Aluminium judgmen

A

Neuberger suggested court may depart from Hunter to avoid Article 8 inconsistency in general, displaying standing requirement

204
Q

What case suggested court may depart from Hunter to avoid Article 8 inconsistency in general, displaying standing requirement?

A

McKenna v British Aluminium

205
Q

Name the five possible defences to nuisance

A

Coming to the nuisance, volenti, prescription, statutory authority and planning permission

206
Q

Sturges v Bridgman general

A

Mortar and pestle

207
Q

Sturges v Bridgman judgment

A

Coming to the nuisance irrelevant for public policy

208
Q

Mortar and pestle

A

Sturges v Bridgman

209
Q

Lawrence v Fen Tigers per Neuberger on coming to the nuisance

A

May be different if changes the use of the land

210
Q

What case suggested coming to the nuisance may be relevant if changing the use of the land

A

Lawrence v Fen Tigers

211
Q

Miller v Jackson on coming to the nuisance

A

No injunction - suggests it has an impact on remedy

212
Q

What two cases suggest a volenti offence applies in nuisance?

A

Leakey v National Trust; Lawrence v Fen Tigers

213
Q

what seemed to suggest volenti applies in nuisance in Lawrence v Fen?

A

Jackson LJ emphasised C should have known of activity before purchase, suggesting defence applied

214
Q

What is prescription?

A

Nuisance for 20 years and C had knowledge

215
Q

Why was there no prescription defence in Sturges v Bridgman?

A

Wasn’t a nuisance for 20 years

216
Q

What kind of defence is statutory authority?

217
Q

Allen v Gulf Oil

A

Statutory authority complete defence if not done negligently

218
Q

Statutory authority complete defence if not done negligently

A

Allen v Gulf Oil

219
Q

Hatton v UK general

A

Night flying Heathrow

220
Q

Night flying Heathrow

A

Hatton v UK

221
Q

Hatton v UK judgment

A

Statutory authority subject to review in accordance with HR law

222
Q

What case showed PP irrelevant in assessing nuisance?

A

Lawrence v Fen Tigers

223
Q

When did Neuberger suggest PP may be relevant in nuisance, and in what case?

A

If very specific conditions, Lawrence v Fen Tigers

224
Q

What judge dissented on relevance of PP in Lawrence v Fen Tigers?

225
Q

What did Carnwiorth say in Lawrence v Fen?

A

PP may be of strategic importance so should be considered

226
Q

Planning Act 2006

A

Any development approved thereunder has statutory authority defence, but s.158 allows compensation claim

227
Q

What statute gives statutory authority defence to any development approved thereunder?

A

Planning Act 2006

228
Q

S.158 Planning Act 2006

A

Allows compensation claim when statutory authority defence given

229
Q

Lough v First Secretary general

A

PP and HRA

230
Q

Lough v First Secretary judgment

A

Although blocking consideration of PP may violate Article 8 ECHR, proper compliance with procedures usually means no infringement

Law Second Year (62 decks)

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