Private Nuisance - Remedies

Damages

Types

• Loss of Amenity

• Physical Damage to C’s land

Damages - Loss of Amenity

Definition (AO1)

Damages in nuisance reflect the loss in value of the land with the nuisance ongoing.

Damages will be awarded for any loss whcih the C has already suffered by the date of trial.

Damages - Loss of Amenity

Case (AO3)

(Hunter v Canary Wharf)

Damages - Physical Damage to C’s land

Where the nuisance damages the C’s land (including buildings and plants growing on it), a C will generally be awarded damages to reflect the cost of repairing the damage or, if this is not possible, the loss in value of the land in question.

What can C claim for?

• Physical Damage to property itself e.g. ruined plants

• Cost of repair to property e.g. clean-up of building covered in dust

• Loss of Value of land if no injunction given

• Loss of comfort amenity, past and future if no injunction is given

• Not personal injury!!!

Injunctions

Definition (AO1)

• An order of the court which prevents D from carrying out certain actions.

• An equitable remedy that is at the discretion of the courts - Meaning that one is not gauranteed to be granted.

• Test for in injunction is if it is “just & equitable”.

• Injunctions will not be granted if common-law damages would be an adequate remedy.

• No longer a presumption of injunction - Courts will look at all the circumstances to decide.

Injunctions

Case (AO3)

(Coventry v Lawrence)

Cs sought action in nuisance on basis of unreasonable noise coming from D’s land as a result of the speedway and other motor sport activities.

Remedies regarding Planning Permission & Public Benefit

Rule (AO1)

Planning permission may be strong evidence that the activity is of benefit to the public. Public benefit is not a defence but could be a reason why it is not fair to grant an injunction.

Public interest may be relevant consideration (such as people losing jobs if an injunction is granted or whether other neighbours in addition to C are badly affected by the nuisance).

Abatement

Definition (AO1)

Self-Help involves the removal of the interference by the C. C must, however, normally give prior notice to the wrongdoer e.g. cutting back of tree branches.