public nuisance

What is meant by public nuisance

An act or omission that;

Endangers life, health, property, or comfort of the public;

Obstructs the public in exercise or enjoy of rights common to all citizens;

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

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 are the elements of public nuisance

• Class of people

• Suffer a common harm

• Claimant suffered special damage

What is stated in Attorney General v PYA Quarries

Romer LJ: if a ‘representative cross-section’ of the class had been injuriously affected, then the nuisance was a public one

What is stated in R v Rimmington

Rodger LJ: a public nuisance is one that ‘affects the community as a whole, rather than merely individuals’

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 is meant by suffering a common harm

The nuisance must affect a right, protection, or benefit enjoyed in common by the members of the affected class

Case examples for suffering a common harm

• Tate & Lyle Industries v GLC - the pubic right to use the River Thames was affected

• R v Rimmington - D sent 538 packages to separate members of the public, each containing racially offensive material

Held: this was not a public nuisance as it did not affect a public right

Case example for the claimant suffered special damage

Tate & Lyle Industries v GLC - affected all users of the river, but C had to pay for the dredging meaning they suffered special damage over & above the other users

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