private nuisance

What are the 3 types of private nuisance

Encroachment on a neighbours land

Direct physical injury to land

Interference with quiet enjoyment

What was said in Hunter & others v Canary wharf

Lord Lloyd

‘The law does not always afford a remedy for every annoyance’

What must be proven

Claimant has an interest in the land

Unreasonable use of the land which is the source of the nuisance

Claimant must suffer some harm

What is meant by having an interest in the land

Have an ownership of right over the land

Owners, leaseholders, tenants have interest

Visitors, family members dont

4 examples of having an interest in the land

Foster v Warblington - exclusive ownership, liable

Malone v Laskey - not liable

Khorasandjian v Bush - not liable, family member

Hunter & others v London Docklands co - only those with a right to land could commence an action

What are 5 things taken into account when proving unreasonable use

Sensitivity of claimant

Duration of nuisance

Character of the area

Reasonably foreseeable

Malice

Case example for sensitivity

Robinson v Kilvert - not liable

Rising heat from cellar damaged his special brown paper

Cannot complain when doing an exceptionally delicate trade

Case examples for duration

Halsey v Esso petroleum co - noise at night - liable

Crown river cruises v Kimbolton fireworks - firework display set fire to moored barges - liable

Case examples for character

Sturges v Bridman (moved to nuisance) - liable

Miller v Jackson (bound by Sturges) - liable

Wheeler v Saunders (granted planning permission) - liable, changed characteristics of the land

Case example for reasonable foreseeability

Cambridge water co v Eastern counties leather

Case example for malice

Hollywood silver fox farm v Emmett - liable

D caused son to fire shotgun to disturb fox’s in breading season

What are the 5 defences for private nuisance

Consent

Vis major

Act of a stranger

Statutory authority

Contributory negligence

Case example for consent

Peters v Prince of Wales theatre - not liable

D sprinkler system caused flood damage to C land due to icy weather, consented to the use of the sprinklers & benefits from them

Case example for vis major

Nichols v Marsland - not liable

Ornimental pools overflowed due to heavy, unpredicted rainfall & damaged land

Case example for act of a stranger

Perry v Kendrick’s - not liable

2 boys threw a lit match into the petrol tank of an old coach causing an explosion leaving C with severe burns

Case example for statutory authority

Charing cross electric supply co v Hydraulic power co - not liable

Water main burst causing damage to property

Statute granted permission to keep the water main pressure at high pressure but there was no obligation to do so

What is section 1 of the law reform (contributory negligence) act 1945

Reduce damages for C who partially contributed to their own injuries rather than dismissing their claim

Why would an occupier be liable

If their bear some personal responsibility for it

Created by a stranger, act of nature, or previous occupier - if they knew or ought to have known

Why would a landlord be liable

Authorities a tenant to commit a nuisance

No agreement between landlord & tenant

Knew or ought to have known