A-Level Law: Private Nuisance

Definition of PN

unlawful interference on 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 - D was committing the nuisance for 20 years and C didn’t sue - Lawrence v Fen Tigers

Non-defence

D was already creating nuisance before C was there

Remedies

Damages

Injunction

Abatement

How to answer

Definition - Unlawful interference of a persons right to reasonably enjoy their land
C must have a legal interest in the land - Hunter v Canary Wharf
D must be the causer of the nuisance

Unlawfulness requirements

1. Locality - Where is the nuisance in relation to it’s surroundings - Halsey v Esso

2. Duration - When and for how long - Barr v Biffa

3. Degree - Worse is more likely - Murdoch

4. Malice - Acting purely out of spite

5. C’s sensitivity - Can only claim is non sensitive could claim too

6. Social utility - Is the nuisance useful - Dennis v MoD

Defences:
Statutory interpretation -
Prescription -

Remedies:
Damages
Injunction - Prevention of doing certain actions/ restricting times to do them - Miller v Jackson
Abatement

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