private nuisance- TORT

private nuisance

occurs when there is an unlawful interference with someone’s right to enjoy his land in a reasonable way

hunter v canary wharf

c must be someone who has a legal interest in the affected land

wheeler v jj saunders

smell can amount to an interference

kennaway v thompson

noise can amount to interference

Sturges v Bridgman

• 1) locality

• character of your neighbourhood i.e. airport, shopping centre, retail park etc

dennis v ministry of defence

• 2) social benefit

• if somethings necessary in order to make defence preparations

• e.g. contractors doing gas/ water pipe work, they dug a hole for the pipe to make sure its socially benefitted to you- as they can be a nuisance

barr v biffa waste services, crown river cruises v kimbolton fireworks

• duration (the more something happens, the likely it will become a nuisance

• barr v biffa waste services- nuisance thats there for 5 years

• crown river cruises v kimbolton fireworks- doesnt have to be 5 years, a single event can create a nuisance

hollywood silver fox farm

• d’s motive/malice

• d does something with no purpose but to annoy c

robinson v kilvert, network rail infrastructure v morris

• sensitivity of c (must be sensitive to smell or hearing)

• robinson v kilvert= if theres no proof that c is sensitive then there may be no action

• network rail infrastructure v morris= must be foreseeable