Private nuisance

• Define?

  someone's use of their property is affected by unreasonable behaviour of a neighbour
• What are the 2 types?

  Loss of amenity

  dangerous state of affairs causes physical damage
• Claimant?

  must have an interest- owner or tenant
• Defendant?


  cause nuisance

  adopt the nuisance
• Sedleigh Denfield v O'callaghan?

  monks aware of areas becoming flooded

  didn't create danger but aware of it, liable
• Leakey v National trust?

  mound, fell on cottages

  natural causes that d was are of but did nothing about, still liable
• Hunter v canary wharf

  office tower interfered with tv reception

  not sufficient enough- claim failed
• What are the elements of private nuisance?

  unlawful

  indirect interference
• unlawful?

  not illegal but unreasonable
• Indirect interference?

  loss of amenity- childrens playground

  material damage- vibrations from industrial machinery
• Laws v Florinplace?

  sex shop in an area of shops

  courts prepared to protect feelings of emotional distress
• Factors of reasonableness?

  locality

  duration

  sensitivity

  malice

  social benefit
• Locality?

  character of the neighbourhood
• Duration?

  continous and carried out at unreasonable hours of the day
• Crown River cruises v Kimbolton Fireworks?

  river barge set alight from display only lasted 20 minutes

  accounted to private nuisance
• De Keyser's Royal Hotel v Spicer Bros?


  injunction granted to prevent work at night

  work considered unreasonable
• Sensitivity?

  action may not be nuisance
• Robinson v Kilvert?


  paper became damaged from heat

  claim failed
• Hollywood Silver Fox Farm v Emmett


  shot gun to scare animals from breeding

  Deliberate and unreasonable- amounted to nuisance
• Miller v Jackson?


  cricket club, balls in garden

  Benfit of sport to community outweighed claim- social benefit
• What are the two defences?

  prescription

  statutory authority
• Prescription?


  lived with nuisance for at least 20 years
• Sturges v Bridgman?


  Doctor, built new consulting room, vibrations

  Prescription failed- nuisance when built
• Moving to nuisance?


  CAN'T BE USED
• Statutory authority?


  Legal authority to be there- planning permission
• Allen v Gulf Oil?


  Near oil refinery

  permission to build likely to still operate if nuisance is inevitable

  Statutory authority succeeded
• Gillingham council v Medway?


  Planning permission for dockyard

  Character of neighbourhood changed

  Defence worked
• Wheeler v Saunders?


  permission to expand pig farm

  permission didn't change character of neighbourhood

  Defence failed
• Remedies?

  injunction

  remedies