Nuisance: Defences and remedies

Defence: Prescription

If the interference has continued without complaint for over 20 years, the D has a prescriptive right to continue.

Sturges v Bridgman: Doctor built a consulting room which was damaged from factory vibrations. Defence of prescription failed as the nuisance began when the room was built.

Defence: Consent

A full defence. Miller v Jackson

Defence: Statutory Authority

Most effective defence as many activities that can amount to a nuisance are regulated by law and may be deemed lawful if conducted within the legal framework set by statutes.

Allen v Gulf Oil Refining.

Defence: Planning Permission

This is not a complete defence (Coventry v Lawrence) but can be used as evidence.

Gillingham Borough Council v Medway: held there was no nuisance as the planning permission changed the character of the area.

NOT a defence: Moving to the nuisance

Moving to the nuisance: Miller v Jackson (C moved next to cricket club and balls went over her fence)

NOT a defence: Social benefit

In cases such as Bellew v Cement, attempts have been made to say that a nusiance is not a nuisance because of public benefit.

Miller v Jackson held that social benefit is not a defence. This used to be a defence but changed with modern precedent.

Remedies: Injunction

Can be either prohibitory or positive.

Prohibitory= stops the nuisance

positive= introduces something new to allow the action to continue but stop if from affecting others (e.g. soundproofing a room)

Remedies: Abatement

When C is allowed to enter the D’s property to remove the nuisance themselves. (Lemon v Webb)

Remedies: Damages

Pecuniary losses = special damages

Non-pecuniary losses = general damages