Private nuisance

hunter v canary wharf

you can sue if you have a proprietary right

Tetley v Chitty

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

Sedleigh Denfield v O’Callaghan

there must be an indirect interference which can include physical damage

Christie v Davey

the indirect interference can be non physical discomfort

wheeler v saunders

smell can be an indirect interference

Leakey v national trust

a natural hazard can be a continuing interference if D fails to take precaution

Network rail v Morris

the interference must affect the common and ordinary use of the land

AG v Doughty

views are merely things of delight

Hunter v Canary wharf

Watching tv is a recreational activity

Halsey v esso

non physical damage must make it physically unpleasant to be on the land

fearn v tate gallery

the unlawful interference must be beyond the common and ordinary use of the land

sturges v bridgman

it may be beyond the ordinary use if it doesnt fit the locality

halsey v esso

duration and timing of the nuisance may make it go beyond the common and ordinary use

crown river cruises v kimbolton fireworks

even a temporary interference can be significant

christie v davey

the interference cannot be due to malice

sturges v bridgman

where the d carries out the nuisance for 20 years, they are prescribed the right to continue the activity

wheeler v saunders

planning permission may prove it is not beyond the common and ordinary use of the land