PRIVATE NUISANCE

• Hunter v Canary Wharf


  Only people with a legal interest in land can sue
• Malone v Laskey


  family members nor lodgers cannot sue
• St Helens v Smelting v Tipping


  location is irrelevant if the interference causes physical damage to property
• Halsey v Esso


  Industrial activities are more likely to be a nuisance in residential areas
• Spicer v Smee


  an isolated incident was considered a nuisance
• Murdoch v Glacier Metal


  A claim in private nuisance will fail if the activity does not interfere with ordinary existence
• Hollywood Silver Fox Farm v Emmet


  Deliberate harmful acts will be nuisance,
• Christie v Davey


  Piano lessons, retaliated by making more noise
• Dennis v Ministry of Defence


  C owned a country house but had to put up with RAF training jest flying overhead. It was a nuisance and was awarded damages but not an injunction to prevent it as the activity was for the benefit of national security
• Hammersmith Railway v Brand


  vibrations from trains were an inevitable consequence of the existence of the railway and an injunction could not be granted as the railway would be prevented from functioning
• Allen v Gulf Oil


  fumes and noise from oil refinery being built was under the authority of Parliament
• Sturges v Bridgman


  doctor built a consultation room next to a workshop that has been operating for over 20 years

  failed as the nuisance only began when the consultation room was built
• Sedleigh Denfield v O'Callaghan


  If a trespasser comes onto D's land and creates a nuisance D will not be liable unless he knew something and did nothing
• Miller v Jackson


  Injunction was refused because there was a public interest in preserving playing fields
• Wagon Mound


  only damages that are reasonably foreseeable can be claimed for
• Dennis v Ministry of Defence


  You cannot claim for personal injury