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What is private nuisance?
Private nuisance is the unlawful, indirect interference with a person’s use or enjoyment of land coming from neighbouring land.
What are the key points of nuisance?
Defendants, claimants, interference, reasonableness, defences and remedies
What does the claimant have to be?
What is the case for this?
Someone with an interest in the land (like a landlord or tenant)
Hunter v Canary Wharf 1997
What does the defendant have to be?
What are the cases for this?
They do not have to be the owner of the property (Jones v Portsmouth City Council)
And they do not need to have caused the nuisance, only “allowed” (Tetley v Chitty)
Anthony v Coal Authority - the d was held liable under the principle that it became aware of the problem
What is unlawful interference?
An unreasonable use of land causing an indirect interference, like loud noises
What is the case for fumes and physical damage?
Halsey v ESSO
What is the case for smell?
Adams v Ursell
What is the case for noise?
Tetley v Chitty
What is the case for vibrations?
Sturges v Bridgeman
What is the case for hot air?
Robinson v Kluivert
What is the case for fire?
Crown River Cruises
What is the case for balls?
Miller v Jackson
What is the case for overlooking/visual interference?
Fearne v Board of trustees of the Tate Gallery
What forms of “enjoyment” are not protected?
What is the case?
Uninterrupted television reception
Hunter v Canary Wharf
Are feelings of emotional distress protected?
What is the case?
Yes
Thompson-Schwab v Costaki (prostitution)
What are the five factors of reasonableness?
Locality, duration, malice, sensitivity and public benefit
What are the cases for locality?
Saint Helens Smelting Company v Tipping
Watson v Croft Promo-Sport - locality may not be relevant if actual damage is caused
Coventry v Lawrence - the character of the neighbourhood should be considered
What is the case for duration?
Crown River Cruises - irrelevant if physical damage is caused
What are the cases for malice?
Hollywood Silver Fox Farm v Emmett
Christie v Davey
What are the case for sensitivity?
Robinson v Kuilvert - if it can be shown that the c is particularly sensitive, the action may not be a nuisance
Network Rail Infrastructure v Morris - the interference must be reasonably foreseeable
What are the cases for public benefit?
Miller v Jackson
Adams v Ursell
What are the general defences for all torts?
Contributory negligence
Volenti non fit injuria
What are the defences for private nuisance?
Volenti (consent)
Prescription
Statutory authority
Planning permission
What is prescription?
What are the cases?
If the claimant has been aware of a nuisance for 20+ years and he not filed against it, the defendant has a prescriptive right to continue
Sturges v Bridgeman
Coventry v Lawrence
What is Volenti in PN?
What is the case?
“Moving to the nuisance”
Coventry v Lawrence
What is statutory authority?
What are the cases
When a statute grants permission for an activity that Amy be considered a nuisance, it can also prevent a claim being made at all.
Allen v Gulf Oil Refining
Marcic v Thames Water PLC
What is planning permission?
What are the cases?
A defence that only works if it change the nature of the authority
Watson v Croft Promo-Sports
Wheeler v Saunders
What are the remedies available for PN?
Injunctions, damages, abatement
What are injunctions?
Something that makes or stops the defendant from doing something
Prohibitory - ordering the D to stop the nuisance
Mandatory - making the D do something
Partial - limiting the D’s actions
What is the Shelter Test?
A way to test if a claimant deserves damages.
Damages are only awarded if: the injury to the C was small, the C could be compensated in money, a small payment was adequate and it would be unfair to grant an injunction
What is abatement?
What is the case for this?
Entering the D’s property to prevent nuisance
Lemmon v Webb 1895
