A-Level Law: Private Nuisance

Definition of PN

unlawful interference with a persons right to R enjoy their land

2 musts for a valid claim

1) C to have a legal interest in the affected land - Hunter v Canary Wharf

2) D to be the causer of the nuisance

Requirements

Locality- Where is nuisance maker in relation to its surroundings?

Duration- How log has nuisance been going on for?

Degree- How severe is interference?

Malice- Was the act done out of spite?

Sensitivity- C can only claim for reasonable use

Social utility- The more useful the nuisance maker is the less likely it is be liable

Cases for requirements

Locality - Halsey v Esso

Duration - Barr v Biffa

Degree - Murdoch v Glacier

Malice - Hollywood Silver Fox

Sensitivity - Bridlington Relay

Social Utility - Dennis v Ministry of Defence

Defences

Actions permitted by statutory authority - Allen v Gulf oil

Prescription - Lawrence v Fen Tigers

Non-defence

D was already creating nuisance before C was there

Remedies

Damages

Injunction

Abatement

How to answer

Define PN

Satisfy the 2 musts

Discuss all requirements that apply

Discuss any applicable defences

Decide on remedies

Clues to identify if topic is Private Nuisance

Ownerships of land, something annoying happens, some for or malice/action purley out of spite towards other party