Nuisance cases

Hunter v Canary Wharf

Claimant must have a legal interest in the land

Malone v Laskey

C injured by vibrations caused by neighbour. No interest in land as licensee (to live there) and wife of tenant. C must have an interest in the land (own or rent) to sue in private nuisance.

Khorasandijan v Bush

C recieved harrassing phonecalls from D

Sedleigh-Denfield v O'Callaghan

Occupier knew of and ignored pipes until they burst. An occupier may be liable for the acts of a trespasser if they adopt or continue the nuisance.

Halsey v Esso Petroleum

Trucks driving past became unlawful as factory in residential area and began to interfere with residents sleep. Industrial activities are more likely to be a nuisance in a residential area. Locality of interference.

Tetley v Chitty

Noisy go kart club - Council could be liable as they were causing the nuisance

Wheeler v JJ Saunders

Planning permission does not authorise a nuisance. smell of farm. loss of amenity

Kennaway v Thompson

Entitled to a limited injunction restraining the club from carrying on those activities which caused the nuisance. (loss of amenity)

Sturges v Bridgman

Doctor started a practice next to a confectionary

st hellens smelting v tipping

copper smelting company damaged claimants crops

murdock v glacier metal

excess noise from factory

Bridlington Relay v Yorkshire Electricity Board

electrical interference with TV signals caused by the activities of the defendant Electricity Board. did not constitute a legal nuisance

McKinnon v Walker

Fumes from the defendant's factory damaged the claimant's abnormally sensitive orchids. HELD: The claim was successful as there was also general damage to items that were not abnormally senstive. sensititivity

Dennis v MOD

Planes causing noise disturbance. held that planes were necessary for protection of country. social utility.

Hollywood Silver Fox Farm v Emmett

D's lawful act of firing his shotgun became an unlawful act as he was aware the neighbour's fox would miscarry. Malice

Christie v Davey

noise disturbance in retaliation to piano lessons. malice

Allen v Gulf Oil

The claimant brought an action in nuisance for the smell

Miller v Jackson

Cricket

Leakley v National Trust

liable for landslide as did not take precaution for foreseeable harm.