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What are the 3 remedies
Injunctions, abatement, damages
What is the main remedy
Injunctions
What are injunctions
Traditionaly the main remedy, usually prohibitory, preventing the nuisance. Injunctions can be the default remedy, but the claimant can argue for damages instead, which may be more suitable.
What is a case for injunctions
Kennaway v Thompson
Coventry v Lawrence
What happened in Kennaway v Thompson
Injunction granted to limit , but not to completely ban. Injunctions can also be positive, e.g. paired with damages
What is abatement
It allows the claimants to take action to stop the nuisance themselves
What is a case for abatement
Lemmon v Webb
What happened in Lemmon v Webb
As long as the nuisance is on the claimants land, they can get rid of the nuisance themselves
What are damages
They can be awarded instead of injunctions if it’s fairer and sufficient
What is a case for damages
Shelfer v City of london electric lighting co
What did Shelfer v city of London electric lighting co set out
It set out when damages may replace an injunction, which is when the injury is small, can be compensated by money, and an injunction seems unfair