FACTORS OF REASONABLENESS REGARDING INTERFERENCE

What are the 5 factors of reasonableness regarding interference

1) duration of interference

2) sensitivity of the claimant

3) Locality

4) Malice

5) Social benefit

What does duration of interference mean

The nuisance is more likely if the interference is frequent or ongoing, especially at unreasonable hours. However, a one off event may not be enough - unless it causes physical damage

What is a case for 1) duration of interference

Crown river cruises v Kimbolton fireworks. It was held that even short lived interference can be a nuisance if it causes damage

What does sensitivity of the claimant mean

If th claimant is overly sensitive, interference may not be considered a nuisance; courts focus more on foreseeability than sensitivity

What is a case for 2) sensitivity of claimant

Robinson v Kilvert

Network rail v Morris

What was held in Network rail v Morris

Interference wasn’t foreseeable, so no nuisance

What does locality mean

The character of the area matters - what is acceptable in one place may be a nuisance in another. Consider if the area is rural/urban and if it’s residential, commercial or industrial

What is a case for 3) locality

Sturges v Bridgman

What does malice mean

Deliberate harm that usually counts as a nuisance

What is a case for 4) malice

Christie v Davey - held that intentional disruption = nuisance

Hollywood silver fox farm v Emmet

What does social benefit mean

Courts may excuse a nuisance if the activity has public value, but this is not guaranteed

What is a case for 5) social benefit

Miller v Jackson - public benefit of cricket outweighed private inconvenience

Adams v Ursell - smells were a nuisance despite public use