Tort - Public Nuisance

Question 1

What is the first step in Public Nuisance?

Answer 1

Firstly a class of people must have been affected. Public Nuisance is defines as ‘a nuisance the materially affects the reasonable comfort and convenience of a class of Her Majesty’s Subjects’ (Attorney - General v PYA Quarries 1957)

Question 2

What is the second step in Public Nuisance?

Answer 2

Secondly the nuisance must affect a right, a protection, or a benefit enjoyed in common by members of the affected class.

Question 3

What is the last step in Public Nuisance?

Answer 3

Lastly we look into how the case reaches the courts.

1) Criminal Case - Common law crime that the CPS will prosecute
2) Attorney general - Has the power to seek an injunction in the civil courts on behalf of the public.
3) Civil Action - This can be brought about by an individual who has suffered a special or particular damage over and above the rest of the members in the class.

Question 4

How does a court decide If a class of people have been affected?

Answer 4

They decide case by case, and it should consist of a section of the public.

• 30 houses can amount to a class of people (Attorney General v PYA Quarries 1957)
• Only a few people such as police and security guards were affected (R v Madden 1975)