Privte nuisance

Winfield definition

an unlawful indirect interference with a person’s use or enjoyment of their land or rights over it

Step 1:

C must have a legal interest

in the land affected

cannot be a

family member of tenant or personal damage anymore

as in

Malone v Laskey

Step 2:

D must be responsible for the nuisance and

there must be an unreasonable use of land

a) can only claim against the creator of the nuisance

and not against third parties.

b) must be deemed that the use of the land is

unreasonable

the test for reasonableness is

objective and takes several factors into account (5)

1. Sensitivity of C

Robinson v Kilvert

C made brown paper bags and D’s heater ruined the paper

but failed since C was using the land in an abnormally sensitive way, not impacted by D’s actions

2. Duration of the nuisance

Halsey v Esso

smell of petrol station held to be actionable as it was

frequent and occurred during the night

3. Character of the area

St Helens Smelting Co. v Tipping

what is a nuisance in one area

may not be in another

but this will not stop a successful claim where

there is still physical property damage

4. Malice

Hollywood silver fox farm v Emmett

the intention is relevant

D can be liable if malicious

5. Social benefit

Miller v Jackson

action may be considered reasonable if D provides a benefit to the community

like the cricket club

Step 3:

Resulting damage

must be reasonably forseeable

Cambridge water Co v Eastern counties leather

chemicals polluting water is RF

DEFENCES:

1. Prescription

Bliss v Hall

if going on for 20 years

then cannot be liable

coming to a nuisance

is not grounds for a claim but courts will still analyse reasonableness Sturges v Bridgman

2. Statutory Authority

Hammersmith Railway v Brand

A o Parliment allowed to operate

so not a nuisance

3. Planning permission

Wheeler v JJ saunders Ltd

from the council but

does not guarantee immunity or authorise nuisance is based on judges decision

only if it changes the nature or locality of an area

Coventry v Lawrence