DEFENCES TO PRIVATE NUISANCE

What are the main defences

1) Prescription

2) Moving to the nuisance

3) Statutory authority

4) Volenti - (consent)

What is prescription

The defendant may claim they’ve gained the right to carry out the nuisance by doing it uninterrupted for 20+ years. It’s difficult to prove as the nuisance must have been actionable for the whole period

What is a case for 1) prescription

Sturges v Bridgman

Coventry v Lawrence

What does moving to the nuisance mean

If the claimant moves into the area/closer to the nuisance, this is not a valid defence

What is a case for 2)moving to the nuisance

Sturges v Bridgman

Miller v Jackson

What is statutory authority

If a statute/regulatory body permits/requires the activity, this can be a defence

What is a case for 3) statutory authority

Allen v Gulf oil

Marcic v Thames water

What are cases regarding planning permission for 3) statutory authority

Wheeler v Saunders

Watson v Croft promo - sport

Coventry v Lawrence

Sturges v Bridgeman

What does volenti (consent) mean

If claimant has actively encouraged or consented to the nuisance, this can be a defence - but it’s rare and requires clear evidence