Private Nuisance

According to Fearn v Tate Gallery (2023), how is private nuisance defined?

A use of land which substantially interferes with the ordinary use and enjoyment of neighbouring land, judged by the standards of an ordinary person.

What two main forms of interference can establish a private nuisance claim?

Physical damage and loss of amenity (enjoyment) of land.

Who has the right to bring a clalm in private nuisance?

Someone with a legal interest in the land, such as a landowner or tenant.

Can a defendant be held liable for a nuisance they did not create? If so, under what circumstances?

Yes, if they "adopt" the nuisance or fail to deal with a nuisance they are aware of, Including those caused by natural events.

How does the "locality" of an area affect whether an interference is considered unlawful?

What is a nuisance in a quiet residential area might not be in an industrial area.

Is the claimants special sensitivity relevant in determining whether an interference is unlawful?

NO - The test is whether the damage was foreseeable to an ordinary person.

What are the two specific defences to a claim of private nuisance?

Prescription and statutory authorty.

Does local authority planning permission automatically prevent an activity from being considered a nuisance?

NO. The court decides whether an activity causes a nuisance, but planning permission can affect the remedy awarded.

What are the possible remedies a court may grant in a private nuisance case?

Injunction, damages, or abatement (self-help).