AO1
What the law is? | How does it work? |
Claimants must have an interest in the land (Hunter V Canary Wharf) | This is shown by owning, rent etc. |
Must have a defendant who can be sued for nuisance | Adopt a nuisance (doing nothing while being aware of the nuisance) (Sedleigh Denfield V O’Callaghan) |
A nuisance is defined in court as: | An unreasonable use of land |
To establish this the courts consider several factors: | |
Locality (Coventry V Lawrence) | Where the nuisance is happening |
Malice (Christie V Davey) | D deliberately causes the nuisance against V |
Public benefit (Miller V Jackson) | D’s actions do something that benefits the community at large. |
Duration (Kimbolton Fireworks V Crown River cruises) | The longer it is the more likely it is to be a nuisance. However, the intensity also matters. |
Sensitivity of the claimant (Network Rail Infrastructure V Morris) | The sensitivity of the claimant does not increase the nuisance - if D uses the land naturally it does not make it a nuisance that the C is sensitive to that. |
Remedies: | |
Abatement Injunctions Damages | Abatement - C is given to prevent the nuisance from happening/ put themselves back into the position. Injunctions - Legal orders to stop doing something. Damages - a form of money given. The general rule in nuisance is that injunctions are used, but after Coventry V Lawrence damages can be considered where appropriate |