Private Nuisance

C can sue if he has legal interest in the land and is affected by the nuisance

Hunter v Canary Wharf

D can be sued if he is the creator of the nuisance

Page Motors

The unlawful interference must be indirect

Bone

The nuisance must cause either physical damage to property or loss of enjoyment

Halsey V Esso petroleum

The interference must be unreasonable

1. Locality

   Sturges

2. Seriousness of the interference

   Walter

3. Duration of the interference

   Crown River Cruises

4. Sensitivity of the claimant

   Robinson

5. Malice

   Christie

6. Social benefit

   Adams

Defences

• Statutory Authority

  Allen V Gulf oil Refining Ltd

• Prescription

  Sturges V Bridgman

Not Defences

• Claimant came to nuisance

  Sturges V Bridgman

• Planning Permission

  Coventry V Lawrence

• Public benefit

  Bellow V Cement co Ltd

Remedies

• Damages - damage to land or loss in value of land

• Injunction - prohibitory, mandatory, partial, full