Tort - Nuisance

Question 1

Hunter v Canary Wharf

Private

Answer 1

Construction, dust

Upheld decision of Malone v Laskey, stating only householders with a right to land could claim in private nuisance
>there must be interest in the land to claim

Question 2

Robinson v Kilvert

Private

Answer 2

Special brown paper

Standard of tolerance is that of the reasonable person and ordinary land use

Question 3

Halsey v Esso Petroleum

Private

Answer 3

Noise during night

The duration and time of the alleged nuisance can determine whether a private nuisance has been created

Question 4

Crown River Cruises v Kimbolton Fireworks

Private

Answer 4

Firework display, set fire

Exceptions to rule that a private nuisance = a continuing state of affairs

> where activity raises risk of escape of dangerous material, a claim can be successful, albeit brief in duration

Question 5

Sturgeon v Bridgman

Private

Answer 5

Pestle + mortar shop

It is no defence in a case of private nuisance to argue that the nuisance was there long before the Cs came into it

Question 6

St Helen’s Smelting

Private

Answer 6

Lots of factories

Character of the area does not prevent successful claim when property damage occurs

Question 7

Wheeler v Saunders

Private

Answer 7

Building pig houses

Granting of planning permission does not alter the character of the area and does not authorise the creation of a private nuisance

Question 8

Hollywood Silver Fox v Emmett

Private

Answer 8

Fox farm, shotgun

Malice defeats sensitivity

> sensitivity of the claimant or his property becomes irrelevant when the defendant acted maliciously

Question 9

AG v PYA Quarries

Public

Answer 9

Definition

A nuisance which affects the reasonable comfort and convenience of a class of Her Majesty’s subjects

Question 10

R v Goldstein

Public

Answer 10

Anthrax, post office

Mens rea for public nuisance is foreseeability

Question 11

R v Ruffell

Public

Answer 11

Acid party, litter

The ‘class of HM’s subjects’ may be local residents

> the local community

Question 12

R v Ong

Public

Answer 12

Football stadium floodlights

The ‘class of HM’s subjects’ would have been the football spectators

> a group with a common interest

Question 13

R v Lowrie

Public

Answer 13

Hoax emergency calls

The ‘class of HM’s subjects’ were those in genuine need of the emergency services

> the g neural community