Tort - Private Nuisance

Question 1

Define Private Nuisance (+ Authority)

Answer 1

An unlawful interference with someone’s use or enjoyment of land, or rights over/ in connection to it (Lyons v Read)

Question 2

What 5 things does the claimant have to prove to establish private nuisance?

Answer 2

1- They have locus standi
2- There was an actionable interference with their land
3- The interference was unlawful
4- They suffered damage
5- The damage was caused by the defendant’s unlawful interference

Question 3

What is Locus Standi?

Answer 3

A proprietary interest in the land (Hunter v Canary Wharf)

Question 4

Neither children nor spouse of owner occupier can sue in private nuisance

Answer 4

Malone v Laskey

Question 5

What are the three types of nuisance that could show interference? (AEI)

Answer 5

1- Amenity (loss of) (interference with quiet enjoyment)
2- Encroachment
3- Injury to land (direct physical)

N.B. must be something that interferes with ordinary conduct (Walter v Selfe)

Question 6

What 2 interferences will not be actionable?

Answer 6

1- Interference with ‘dainty’ modes of living (Walter v Selfe)
2- Interference with TV reception (Hunter v Canary Wharf)

Question 7

Unlawful means substantial or unreasonable

Answer 7

Sedleigh-Denfield

Question 8

What is the test for unlawfulness?

Answer 8

What is reasonable for the ordinary usages of mankind in a particular society

Question 9

What 6 factors will a court consider when looking at whether interference was unlawful?

Answer 9

1- Malice (Hollywood Silver Fox v Emmett)
2- Public Benefit (Adams v Ursell)
3- Excessiveness (Matania)
4- Neighbourhood (Sturges v Bridgman)
5- Intensity (Freq. and Duration) (Jackson v Miller)
6- Sensitivity (Robinson v Kilvert)

Question 10

Who could be sued for private nuisance?

Answer 10

1- Creator of nuisance
2- Current occupier of land
3- Landlord

Question 11

What are the 5 effective defences to private nuisance?

Answer 11

1- Volenti
2- Contributory Negligence
3- Act of God
4- Prescription 
5- Statute

Question 12

Planning permission may change the character of the neighbourhood

Answer 12

Gillingham v Medway Docks

Question 13

What are the 4 ineffective defences?

Answer 13

1- Planning permission (Wheeler v Saunders)
2- Came into the nuisance (Miller v Jackson)
3- Contribution from a third party
4- Public Benefit (Miller v Jackson)

Question 14

What is a quia timet injunction and when will it be awarded (3 conditions)?

Answer 14

injunction implemented in anticipation of a breach
1- Certain
2- Imminent
3- D wont stop without court order

Question 15

What 4 remedies are available in private nuisance?

Answer 15

1- Damages
2- injunction
3- Damages in lieu of injunction
4- Abatement