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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