REMEDIES FOR PRIVATE NUISANCE

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