Private Nuisance

• What is required to be a Claimant in nuisance?

  If they have a legal interest in the land and they have been affected by the interference.
• What is required to be a Defendant in nuisance?

  The person who has created the nuisance or allowed it to continue
• In which ways will locality affect an action for nuisance?

  The character or nature of the area has to be considered
• In what circumstances is it possible for an act that is not continuous to be an actionable nuisance?

  Unreasonable hours of the day
• Wat is the effect of malice in the tort of nuisance?

  A deliberately harmful act by D is more likely to be unreasonable
• Why should a person's excessive sensitivity prevent them from claiming?

  It may be due to his own unreasonably high standards or peculiar requirements
• What happened in Coventry v Lawrence?

  Cs moved into a residential property near a stadium, in which noisy motor cross activities took place
• What did the supreme court say about planning permission in Coventry v Lawrence?

  D may argue that damages are a more appropriate remedy
• What did Supreme Court say about prescription in Coventry v Lawrence?

  Damages rather than injunction is a more appropriate remedy especially if there was a social benefit to D's activity
• What are the 2 defences specific to a claim in private nuisance?

  Statutory authority and prescription
• Name the remedies available in a successful nuisance action

  Injunction, damages, abateman