Tort - Private Nuisance

Question 1

What is the first step in Private Nuisance?

Answer 1

Firstly the claimant must have the right to bring about an action, and the person being sued must be capable of being a defendant.

Question 2

What is the second step in Private Nuisance?

Answer 2

Secondly there must be an interference.
I.e Physical damage - actual damage to land or buildings and plants on the land,
or Loss of Amenity - Interference with the claimants ability to use their land in a reasonable way.

Question 3

What is the third step in Private Nuisance?

Answer 3

Thirdly the interference must be unlawful. The courts will have to balance conflicting interests and seek if the interference is unreasonable.

Question 4

What are the defences a defendant CAN use?

Answer 4

Statutory Authority - The nuisance is created by a public body acting under legislative duty (Allen v Gulf Oil 1981)

Abatement - Self help remedy and it means the right of a claimant to take reasonable steps to deal with any nuisance himself.

Question 5

Who is capable of being a defendant?

Answer 5

The defendant is the creator of the nuisance. They can also be;

• If he adopts the nuisance and knows of it (Denfield v O’Callaghan 1940)
• Possible for a landlord to be liable for the actions of a tenant if he authorises it.

Question 6

What are the Unlawful interferences?

Answer 6

1) Locality - Industrial activities are more likely to be a nuisance in residential areas (Halsey v Esso 1961)
2) Duration - Even a single incident can amount to a nuisance (Spicer v Smee)
3) Degree of Interference - a claim will fail if the activity does not interfere with ordinary existence (Glacier metal 1998)
4) Sensitivity of Claimants use of the Land - Will fail if ordinary actions create an interference (Bridlington relay v Yorkshire electricity 1965)
5) Social utility of Ds Conduct - If the activity is in the public interest then the claim wil fail to win an injunction.
6) Malice on part of the Defendant- Malice on part of the defendant can convert a lawful activity into an unlawful one (Silver Fox Farm v Emmett 1936)

Question 7

What Defences can the defendant NOT argue?

Answer 7

• He was creating the nuisance before the claimant moved into the area and the claimant knew of it (Sturges v Bridgman 1979)
• To say the victim could have helped themselves e.g. Shutting windows
• That the nuisance was party created by someone else.

Question 8

Remedies for private nuisance

Answer 8

Injunction - Prohibits or strictly controls an activity

Damages - In the case of physical damage, awarded for consequential damage and in the case of loss of enjoyment - damages are equal to the loss in the value of land.

Abatement - Self help remedy, meaning the claimant has the right to take reasonable steps to deal with any nuisance themself.