private nuisance

what is the definition of private nuisance?

someone’s use or enjoyment of their property is affected by the unreasonable behaviour of a neighbour

the claimant must have?

a legal interest in the land such as owner

what case shows they must be an owner?

hunter v canary wharf

the defendant must have?

used the land, but doesn’t need to own or occupy it

what case shows this about the defendant?

jones v portsmouth city council

what case shows that an occupier can ‘adopt’ the nuisance and still be liable?

sedleigh denfield v o’callaghan

what case shows that a defendant can be liable when it is natural causes that they are aware of but fail to deal with?

leakey v national trust

what is the first requirement?

the nuisance must be unlawful

what case shows that unlawful means an unreasonable use of the land in the way it affects the claimant?

london borough of southwalk v mills

what is the second requirement?

there are factors of reasonableness to be considered?

first factor of reasonableness is?

locality

what case demonstrates the locality factor?

hirose electrical uk ltd v peak ingredients - smell in industrial estate

what is the second factor?

duration of the interference caused

what case shows that a temporary activity may constitute a nuisance?

de keyser’s royal hotel v spicer bros

what is the third factor?

sensitivity of the claimant

what case shows that an oversensitive claimant may not have an action in nuisance?

robinson v kilvert

what is the fourth factor?

an act of malice will be considered a nuisance

what case shows that act of malice wil be considered a nuisance?

hollywood silver fox farm v emmett

what is the fifth factor?

courts won’t deem something in social benefit a nuisance

what case shows that something for social benefit is not a nuisance?

miller v jacksn

what is the third requirement?

the damage must be foreseeable

what case sets out what is foreseeable in nuisance?

cambridge water v eastern counties leather plc

what is not a defence for nuisance?

the claimant has come to the nuisance - sturges v bridgam

what can be used as a defence for nuisance?

prescription, consent, ordinary use of land, statutory authority

what case shows ordinary use of the land as a defence?

southwalk london borough council v mills

what case shows statutory authority as a defence?

wheeler v saunders