Private nuisance

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18 Terms

1

AG v Doughty

You cannot sue over a thing of delight

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2

Halsey v Esso Petroleum

duration/time of nuisance

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3

Sturges v Bridgman

prescription

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4

Christie v Davey

Malicious motive made D's conduct unreasonable.

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5

Crown River Cruises v Kimbolton Fireworks

Duration of interference even temporary can be unlawful

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6

Sturges v Bridgman

locality

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7

Leaky v National Trust

D can also be liable for nuisance as a result of natural causes if they refuse to take precautions

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8

Christie v Davey (non physical)

Non-Physical discomfort can be indirect interference

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9

Network Rail Infrastructure v Morris

It must affect the common and ordinary use of the land, the claimant cannot just be unusually sensitive

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10

Wheeler v Saunders

planning permission

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11

Wheeler v Saunders (indirect)

Smell can be indirect interference

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12

Cambridge Water v Eastern Counties Leather

Exceptionally dangerous items can be non natural

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13

Sedleigh-Denfield v O'Callaghan

Interference must be indirect

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14

Transco v Stockport

The use of the land must be out of the ordinary use considering the time and locality

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15

Halsey v Esso Petroleum (damage)

There must be a substantial interference

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16

Hunter v Canary Wharf (Tv)

A tv is a thing of delight

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17

Tetley v Chitty

The person who is causing or allowing the nuisance can be sued

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18

Fearn v Tate Gallery

Interference must be unlawful

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