Tort Law - Nuisance Flashcards
1
Q
Act on statutory nuisance
A
Environmental Protection Act 1990
2
Q
What Part of the Environmental Protection Act 1990 allows a local authority to take enforcement action?
A
Part III
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
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
5
Q
What is public nuisance a broad principle of?
A
Criminal liability
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
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
8
Q
Who needs to be affected for a public nuisance claim?
A
A class of the public
9
Q
Who typically brings public nuisance prosecution?
A
AG
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
11
Q
If an individual brings a civil claim for public nuisance, what is the claim for?
A
Claim for special damage
12
Q
AG v PYA Quarries general
A
Failed to distinguish from private
13
Q
Failed to distinguish from private
A
AG v PYA Quarries
14
Q
AG v PYA Quarries judgment
A
‘Public’ is a question of fact
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
16
Q
East Dorset DC v Eaglebean general’
A
‘substantial’
17
Q
East Dorset DC v Eaglebean judgment
A
‘Substantial’ number of houses affected = public nuisance
18
Q
‘Substantial’ number of houses affected = public nuisance
A
East Dorset DC v Eaglebean
19
Q
In re Corby Group Litigation general
A
De-contamination, disabled
20
Q
De-contamination, disabled
A
In re Corby Group Litigation
21
Q
In re Corby Group Litigation judgment
A
Public nuisance is not limited to damage to the land
22
Q
What case showed public nuisance is not limited to damage to the land?
A
In re Corby Group Litigation
23
Q
What is the primary penalty for public nuisance?
A
A fine
24
Q
What is also possible as a penalty for public nuisance, apart from a fine?
A
An injunction
25
Why does public nuisance have more advantages than private nuisance claim?
Wider range of recoverable losses
26
Tate & Lyle v GLC general
Ferry terminals, silt, jetty
27
Ferry terminals, silt, jetty
Tate & Lyle v GLC
28
Tate & Lyle v GLC judgment
Mere obstruction of public navigation meant no private nuisance, but allowed public nuisance
29
What gave special damage and thus locus standi for individual to bring a claim in Tate & Lyle v GLC?
Cost of dredging
30
What two possible remedies can C claim in private nuisance?
Damages or injunction
31
Hunter v Canary Wharf general
TV signal and dust
32
What case shows only those with exclusive possession can bring a private nuisance claim?
Hunter v Canary Wharf
33
Hunter v Canary Wharf judgment on locus standi for private nuisance
only those with exclusive possession can bring a private nuisance claim
34
TV signal and dust
Hunter v Canary Wharf
35
What judge in the minority referred to the UN Convention on Rights of the Child in Hunter v Canary Wharf?
Lord Cooke
36
Why did Lord Cooke dissent in Hunter?
Should think broadly on who can sue in nuisance, anxious about discriminating against those without property interests
37
What judge in what case was anxious about private nuisance discriminating against those without property interests?
Lord Cooke in Hunter
38
What case shows that private nuisance is a tort against LAND?
Hunter
39
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?
Lord Hoffmann in Hunter
40
Two cases on reasonable user for private N
Hunter; Bridlington Relay v Yorkshire Electricity Board
41
Hunter v Canary Wharf on reasonable user
TV claim failed because D, as a matter of law, could put up the building
42
Why did the judges suggest in Hunter that in other circumstances TV claim might succeed?
TV use now ordinary and part of daily life
43
What case can Hunter be contrasted with on reasonable user?
Bridlington Relay v Yorkshire Electricity Board
44
Bridlington Relay v Yorkshire Electricity Board general
TV signal interference
45
Bridlington Relay v Yorkshire Electricity Board judgment
TV purely recreational so not important enough to count as nuisance
46
What case enforces the importance of locality to determine reasonable user for private nuisance?
St Helen's Smelting v Tipping
47
St Helen's Smelting v Tipping general
Smelting factory damaging garden
48
Smelting factory damaging garden
St Helen's Smelting v Tipping
49
St Helen's Smelting v Tipping judgment
Locality irrelevant for physical injury but relevant if 'sensible personal discomfort'
50
What is an advantage of St Helen's Smelting v Tipping?
Considers public interest, e.g. inconvenience is necessary for town benefit
51
What case doubts the decision in St Helen's Smelting v Tipping?
Hunter
52
How does Hunter cast doubt on St Helen's Smelting v Tipping?
Both physical injury and loss of amenity amounted to a property interest interference, so same test (e.g. locality) should apply to both
53
What case suggested both physical injury and loss of amenity amount to a property interest interference?
Hunter
54
Sturges v Bridgman general
Belgrave Square
55
Surges v Bridgman judgment on locality
'what is a nuisance in Belgrave Square is not necessarily a nuisance in Bermondsey'
56
'what is a nuisance in Belgrave Square is not necessarily a nuisance in Bermondsey'
Sturges v Bridgman
57
What case affirmed St Helen's?
Sturges v Bridgman
58
Lawrence v Fen Tigers Ltd general
Car and bike racing
59
Car and bike racing
Lawrence v Fen Tigers Ltd
60
Lawrence v Fen Tigers Ltd judgment on locality
Look at established pattern of use rather than monochrome categorisation of localities
61
What case was critical of the basic distinction between a residential or industrial locality?
Lawrence v Fen Tigers Ltd
62
Haley v Esso Petroleum general
Immunity
63
Haley v Esso Petroleum judgment
Suitable activity for locality is not an immunity
64
What case enforced that suitable activity for locality is not an immunity?
Haley v Esso Petroleum
65
What case gives the basic position on coming to the nuisance for private N?
Sturges v Bridgman
66
Sturges v Bridgman on coming to the nuisance
Irrelevant who was there first
67
Lawrence v Fen Tigers on coming to the nuisance
Per Lord Neuberger, may be different if new occupier changes the use of the land
68
In what case did what judge suggest the basic rule on coming to the nuisance may be different?
Lawrence v Fen Tigers, per Lord Neuberger
69
Lord Neuberger in Lawrence v Fen Tigers
Basic rule on coming to the nuisance may be different if new occupier changes the use of the land
70
Miller v Jackson general
Cricket club
71
Cricket club
Miller v Jackson
72
Miller v Jackson judgment
Irrelevant if cricket grounds there first - coming to the nuisance test for private N
73
What was the award in Miller v Jackson?
No injunction, just damages
74
Khorasandjian v Bush general
Nuisance PHA
75
Khorasandjian v Bush judgment
Threw doubt on requirement of nuisance of being a tort against land - called it 'ridiculous'
76
Nuisance PHA
Khorasandjian v Bush
77
What case confirmed the need for nuisance to be against land?
Hunter v Canary Wharf
78
Lord Hoffmann in Hunter on tort against land
Nuisance not for personal discomfort but injury to land, so that utility is diminished by the nuisance
79
Nolan on tort against land
PN is a property tort no there is no protection of personal interests
80
Robinson v Kilvert general
Brown paper, heat
81
Brown paper, heat
Robinson v Kilvert
82
Robinson v Kilvert judgment
Extraordinary and sensitive use can't be considered
83
Network Rail v Morris general
Amplifiers and signalling
84
Amplifiers
Network Rail v Morris
85
Network Rail v Morris judgment
Look to reasonableness and foreseeability when determining relevance of sensitivity - very vague language
86
What case shows a retreat from Robinson v Kilvert?
Network Rail v Morris
87
Who regards malice as having dubious value in nuisance?
Gearty
88
Christie v Davey general
Music teacher
89
Music teacher
Christie v Davey
90
Hollywood Silver Fox v Emmett general
Vixens
91
Hollywood Silver Fox v Emmett judgment
Motive can make an otherwise lawful act a nuisance
92
Motive can make an otherwise lawful act a nuisance
Hollywood Silver Fox v Emmott
93
Name a case which showed motive in nuisance is determinative
Hollywood Silver Fox v Emmott; Christie v Davey
94
What judge in what case stated that malice is a general principle in the law of nuisance?
Lord Cooke in Hunter v Canary Wharf
95
Bradford Corp v Pickles general
Reservoir diverting
96
Bradford Corp v Pickles judgment
P can do what he did, motive is irrelevant
97
What case suggested motive was irrelevant in considering nuisance?
Bradford Corp v Pickles
98
How does Taggart reconcile Pickles and Silver Fox?
Pickles stops someone receiving something they have no right to get, but Silver Fox about unwanted interference
99
How could Pickles and Silver Fox be reconciles based on pockets?
Pickles a specific rule regarding to water courses
100
What supports the view of Pickles as being a specific rule on water courses?
North J sat in both Christie v Davey and Pickles
101
What judge sat in both Christie and Pickles?
North J
102
How do Winfield and Jolowicz reconcile Pickles and Silver Fox?
Right to make noise is relative, but water rights are absolute
103
How does Gearty reconcile Pickles and Silver Fox?
Reconcile on duty of care/not to injure - not present in Pickles
104
What case suggested PB is irrelevant for nuisance?
Bamford v Turnley
105
Bamford v Turnley general
Brick kiln, employment but smoke and smell
106
What was the PB alleged in Bamford v Turnley
Building and employment from making the bricks
107
What is the idea of public benefit in nuisance being irrelevant?
In Bramwellian terms (from Bamford v Turnley), PB only if profitable AFTER paying compensation to those injured - only economically efficient activity
108
Dennis v MoD general
RAF
109
RAF
Dennis v MoD
110
In what case was PB relevant to the remedy only?
Dennis v MoD
111
Shelfer v City of London on PB
Per Lindley J, if private rights should be extinguished for PB, leave it to P
112
What judge in what case stated that if private rights should be extinguished for PB, leave it to P?
Shelfer v City of London per Lindley J
113
What in nuisance is an unusual example of liability for omission?
Adopting/continuing the nuisance
114
Sedleigh-Denfield v O'Callaghan general
Pipe, grill
115
Pipe, grill
Sedleigh-Denfield v O'Callaghan
116
Sedleigh-Denfield v O'Callaghan judgment
Knew or ought to have known of problem but did nothing
117
Lambert v Barratt
Only reasonable steps requiring to end a nuisance that is continuing (e.g. Sedleigh-Denfield v O'Callaghan)
118
Only reasonable steps requiring to end a nuisance
Lambert v Barratt
119
Why is it possible they relied on nuisance in Sedleigh-Denfield?
Reluctance to impose positive duty to prevent harm to 3rds
120
Leakey v National Trust general
Hill landslides
121
Hill landslides
Leakey v National Trust
122
Leakey v National Trust judgment
Sedleigh applies despite natural event - take reasonable steps, but consider money available
123
What case showed consideration is taken of money available to D in nuisance?
Leakey v National Trust
124
Who said that Leakey robs nuisance of any meaning independent of negligence?
Gearty
125
Coventry v Lawrence (No.2) general
Motor-racing circuit, tenant
126
Coventry v Lawrence (No.2) judgment
Narrow liability for landlord - direct participation or authorisation through virtual certainty
127
What case gives narrow liability of landlord in nuisance?
Coventry v Lawrence (No.2)
128
What cases conflict on the requirement of nuisance to relate to use of D's land?
Hussain v Lancaster; Lippiatt v South Gloucestershire Council
129
Hussain v Lancaster general
Shop, estate, harassment
130
Shop, estate, harassment
Hussain v Lancaster
131
Hussain v Lancaster judgment
Nuisance based on land, not personal conduct so no claim
132
Lippiatt v South Gloucestershire Council general
Travellers causing damage
133
Travellers causing damage
Lippiatt v South Gloucestershire Council
134
Lippiatt v South Gloucestershire Council judgment
Nuisance arose out of land, which is enough
135
How can we reconcile Hussain and Lippiatt?
Hussain trying to sue landlord, but conditions from Coventry not satisfied - Lippiatt is leading case for liability in inviting nuisance guests
136
What is the liability in nuisance generally?
Strict
137
What case suggests a more receptive stance in consideration of fault in regard to damages?
Coventry v Lawrence
138
Why is the foreseeability requirement in nuisance not the same as that in negligence?
Reasonable care is not reasonable use
139
St Helen's Smelting v Tipping on fault
Irrelevant using all technology available to minimise pollution
140
Irrelevant using all technology available to minimise pollution
St Helen's Smelting v Tipping
141
What case suggests nuisance covers isolated escapes?
British Celanese v Hunt
142
British Celanese v Hunt general
Electrical substation, metal strips
143
Electrical substation, metal strips
British Celanese v Hunt
144
British Celanese v Hunt judgment
Nuisance despite isolated escape
145
Anglian Water v Crawshaw
Amenity damage claim in nuisance doubtful to support a parallel negligence claim
146
Anglian Water v Crawshaw
Amenity damage claim in nuisance doubtful to support a parallel negligence claim
147
When does fault appear to be relevant in nuisance?
If there is an isolated escape or adoption/continuation of a nuisance
148
Goldman v Hargrave general
Red-gum tree
149
Goldman v Hargrave judgment
Take into account effort D would have had to make and personal conditions
150
What judge in what case suggested that label of neglience/nuisance is irrelevant?
Lord Wilberforce in Goldman v Hargrave
151
Leakey v National Trust on fault
Only broad assessment of financial positions, not a close analysis
152
Take into account effort D would have had to make and personal conditions
Goldman v Hargrave
153
Only broad assessment of financial positions, not a close analysis for fault
Leakey v National Trust
154
Delaware Mansions v Westminster CC on fault
Emphasised foreseeability for fault in adopting/continuing a nuisance
155
What case suggested a broader approach to fault in nuisance?
Network Rail v Morris - look at foreseeability and reasonableness
156
Two remedies available for nuisance claim
Damages or injunction
157
What do damages aim to do
Compensate for loss of value caused by nuisance
158
In re Corby Group
No claim for death/personal injury in private nuisance
159
What case showed No claim for death/personal injury in private nuisance
In re Corby Group
160
Delaware Mansions v Westminster general
Tree roots
161
Delaware Mansions v Westminster judgment
Recover cost of remedial work and reduction in value
162
What case suggested damages can include cost of remedial work AND reduction in value?
Delaware Mansions v Westminster
163
Hunter v Canary Wharf on damages
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
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?
Lord Hoffmann in Hunter
165
What case made it clear damages not increased in nuisance by more occupants
Hunter v Canary Wharf
166
Lord Cairn's Act 1858 s.2
Damages in addition to or substitute for injunction/specific performance
167
What Act allows damages in addition to or substitute for injunction/specific performance
Lord Cairn's Act 1858 s.2
168
Wagon Mound (No.2) general
Sydney Harbour oil spill
169
Wagon Mound judgment
Privy Council find remoteness rule same for public and private nuisance - foreseeable KIND of damage
170
From what case is the test of remoteness in nuisance?
Wagon Mound No.2
171
What is the test of remoteness for nuisance
Foreseeable kinds of damage
172
Why is the remoteness rule from Wagon Mound controversial?
Liability not based on foreseeability so why should remoteness
173
Cambridge Water v Eastern Counties on injunctions
Fault is irrelevant
174
Kennaway v Thompson general
Powerboat racing 75 decibels
175
What case shows courts can impose injunctions with specific conditions?
Kennaway v Thompson
176
What case shows fault is irrelevant for injunctions?
Cambridge Water v Eastern Counties
177
Powerboat racing 75 decibels
Kennaway v Thompson
178
What Rules enforce that injunctions are discretionary and equitable?
Rules of the Supreme Court
179
What is the original test for damages in place of injunction and from what case?
Shelfer v City of London - harm is small, capable of estimation in and adequately compensated by money and oppressive to grant an injunction
180
Pennington v Brinsop general
£190,000, 500 jobs, just £100 a year for C
181
Pennington v Brinsop judgment
Damage to D through injunction not considered
182
Isenberg v East India
Shows reluctance to grant mandatory injunctions
183
What case shows a reluctance to grant mandatory injunctions?
Isenberg v East India
184
Shoreham v Dolphin
Courts can suspend an injunction to allow D to alleviate a nuisance
185
What case shows Courts can suspend an injunction to allow D to alleviate a nuisance
Shoreham v Dolphin
186
Miller v Jackson general
Cricket
187
What was the remedy in Miller v Jackson and why?
Damages because injunction inappropriate (Denning)
188
Dennis v MoD remedy
Damages over £900,000
189
What case shows a significant departure from Shelfer?
NDennis v MoD
190
What is it argued the case of Dennis v MoD and particularly its remedy was influenced by?
Need to comply with human rights law
191
Watson v Croft Promo-Sport
Return to Shelfer
192
What case showed a return to Shelfer on injunctions - rigid?
Watson v Croft Promo-Sport
193
Lawrence v Fen Tigers on injunctions
Don't follow Shelfer slavishly
194
Sumption and Clark in Lawrence v Fen Tigers
No injunction if authorised by planning permission
195
What judges in Lawrence took a more radical view on injunctions?
Sumption and Clark
196
What judge in Lawrence was concerned about the ordinary home-owner in regard to Sumption and Clark suggesting no injunction if planning permission?
Mance
197
Who gives points for and against injunctions given as a matter of course?
Tromans
198
Name some of the reasons Tromans gives for injunctions as a matter of course?
Hard to work out damages, gives D ability to purchase nuisance, protects the weak and damages offer no incentive to improve the situation
199
name some of the reasons Tromans gives against injunctions as a matter of course
Can be too blunt, economic efficiency and liability may be denied to avoid injunctions
200
What is an alternative limited remedy to nuisance if public authority involved?
HRA 1998 if interference with Article 6, breaching s.6
201
What does the remedy under HRA 1998 need to be?
Necessary for just satisfaction to C
202
McKenna v British Aluminium general
HRA
203
McKenna v British Aluminium judgmen
Neuberger suggested court may depart from Hunter to avoid Article 8 inconsistency in general, displaying standing requirement
204
What case suggested court may depart from Hunter to avoid Article 8 inconsistency in general, displaying standing requirement?
McKenna v British Aluminium
205
Name the five possible defences to nuisance
Coming to the nuisance, volenti, prescription, statutory authority and planning permission
206
Sturges v Bridgman general
Mortar and pestle
207
Sturges v Bridgman judgment
Coming to the nuisance irrelevant for public policy
208
Mortar and pestle
Sturges v Bridgman
209
Lawrence v Fen Tigers per Neuberger on coming to the nuisance
May be different if changes the use of the land
210
What case suggested coming to the nuisance may be relevant if changing the use of the land
Lawrence v Fen Tigers
211
Miller v Jackson on coming to the nuisance
No injunction - suggests it has an impact on remedy
212
What two cases suggest a volenti offence applies in nuisance?
Leakey v National Trust; Lawrence v Fen Tigers
213
what seemed to suggest volenti applies in nuisance in Lawrence v Fen?
Jackson LJ emphasised C should have known of activity before purchase, suggesting defence applied
214
What is prescription?
Nuisance for 20 years and C had knowledge
215
Why was there no prescription defence in Sturges v Bridgman?
Wasn't a nuisance for 20 years
216
What kind of defence is statutory authority?
Complete
217
Allen v Gulf Oil
Statutory authority complete defence if not done negligently
218
Statutory authority complete defence if not done negligently
Allen v Gulf Oil
219
Hatton v UK general
Night flying Heathrow
220
Night flying Heathrow
Hatton v UK
221
Hatton v UK judgment
Statutory authority subject to review in accordance with HR law
222
What case showed PP irrelevant in assessing nuisance?
Lawrence v Fen Tigers
223
When did Neuberger suggest PP may be relevant in nuisance, and in what case?
If very specific conditions, Lawrence v Fen Tigers
224
What judge dissented on relevance of PP in Lawrence v Fen Tigers?
Carnworth
225
What did Carnwiorth say in Lawrence v Fen?
PP may be of strategic importance so should be considered
226
Planning Act 2006
Any development approved thereunder has statutory authority defence, but s.158 allows compensation claim
227
What statute gives statutory authority defence to any development approved thereunder?
Planning Act 2006
228
S.158 Planning Act 2006
Allows compensation claim when statutory authority defence given
229
Lough v First Secretary general
PP and HRA
230
Lough v First Secretary judgment
Although blocking consideration of PP may violate Article 8 ECHR, proper compliance with procedures usually means no infringement
