public nuisance

What is meant by public nuisance

Materially affects the reasonable comfort & convenience of the life of a class of his majesties subjects

Does an act not warranted by law

Omits to discharge a legal duty, if the affect of the act endangers the life, health, property or comfort of the public

What is the Magistrates courts act 1980

Public nuisance is triable either way (magistrates or crown)

What was established in Cambridge water

There is no requirement of intention or recklessness, the fault element is one of foreseeability of the risk of the type of nuisance

Liable if they knew or ought to have known the risk

What is the main element of public nuisance

Class of people

Case example for local communities

R v Ruffel

Acid house party attended by thousands blocked roads, had 12 hours of loud music, & polluted woodlands

Guilty

Case example for group with a common interest

R v Ong

Planning to interfere with floodlights during a football match

Pleaded guilty to conspiracy to commit a public nuisance

Case example for impact on the community

R v Lowrie

Hoax calls to emergency services repeatedly

Guilty - interferes with safety & places people in danger or discomfort

Case examples of there not being a class of people

R v Rimmington - sent 538 packages of racially offensive materials to members of the public

Not guilty

R v Johnson - obscene phone calls to a number of women in a geographic area

Not guilty

- both separate people rather than a class of people

What are 3 civil actions against public nuisance

Relator action

Local authority - local government act 1972

Private citizen

What is relator action

Bought by the Attorney General on behalf of a private citizen

Why is relator action rare

Statutory bodies usually bring action

Attorney Generals are unliely to agree unless theres special damage and if thats the case a citizen can simply bring action themselves

Mostly prosecuted under statutory provisions