Nuisance

• what is private nuisance?

  The unreasonable, indirect interference of a person's use or enjoyment of their land.
• who can claim for private nuisance?

  People who have an interest in the land
• What are examples of people who can claim for private nuisance?


  Owners of land, or tenants
• Who cannot claim for negligence?

  People who do not have legal interest in the property
• Who doesnt have legal interest in the property?

  Children or lodgers
• what is the first element of private nuisance?

  There is an indirect interference
• What is the second element of private nuisance?

  There has been damage caused
• What is the third element of private nuisance?

  the interference that is caused is unlawful, and thus it is unreasonable
• what does it mean if the interference is indirect?

  The interference involves no direct force
• what is the significance of the case of adams v Ursell?

  it shows how the smell from farm animals, or from a fish and chip shop can amount to an indirect interference.
• What case shows that smells from farm animals or from a fish and chip shop amounts to an indirect interference?

  adams v Ursell
• what case shows that the noise from speed ways, and motor racing circuits can amount to indirect interferences?

  Coventry v Lawrence
• What case shows that oily smuts from chimneys can amount to indirect interferences?

  Halsey v Esso Petroleum
• What case shows that cricket balls being hit into a garden can amount to indirect interference?

  Miller v Jackson
• What cases show that slippage of the earth can amount to indirect interference?

  Leakey v national trust AND Holbeck hall hotel v Scarborough borough council
• what is essential about the indirect interference in terms of element one of private nuisance?

  It must be protected by law
• What case shows how the right to receive television transmissions isn't protected by law?

  Hunter v Canary Wharf
• What case shows how the right to view things isn't protected by the law?

  Fearn and others v Board of trustees of Tate gallery
• What case shows that the running of a brothel in a respectable area of London amounts to an indirect interference?

  Thompson - Schwab v Costaki
• in which case was an injunction awarded to prevent premises being converted into a sex shop in an area of shops, restaurants and some housing?

  Laws v Florinplace LTD
• what are the two damages recognised by element two of private negligence?

  Physical / tangible

  Non physical / intangible
• What does physical damage refer to in terms of element two of private nuisance?

  this is damage to land and or property, any amount of physical damage is actionable.
• What case defines what physical damage is in terms of element two of private nuisance?

  Saint Helen's smelting v Tipping
• what does intangible damage refer to in terms of element two of private nuisance?

  It means that the D has interfered with the C's use and enjoyment of their land
• What case shows that intagible damage must be sufficiently serious in terms of element two of private nuisance?

  Halsey v Esso Petroleum
• in terms of element three of private nuisance, what does unlawful interference mean?

  Unlawful in this context means that the interference is unreasonable. It is a question of fact and degree in each case, and as such the court needs to balance conflicting interests in the use of land and deciding the degree of unreasonableness
• in terms of element three what does it mean when it is said that the courts will consider time of the incident?

  The time at which D’s activity takes place is a factor that will be considered by the Court. An activity which does not normally constitute a nuisance may do so if it takes place during antisocial hours
• which case shows how the time of an incident will be considered when deciding the unreasonableness of an incident?

  Leeman v Montague
• in terms of element three what does it mean when it is said that the courts will consider locality of an incident?

  Locality is a relevant factor. What constitutes nuisance because it is unreasonable in a residential area may not be a nuisance in an industrial area. The courts will also take into account whether D had any choice in where on D’s land the activity took place
• What did lord justice Thesiger state in sturges v bridgeman in terms of the locality of a private nuisance incident?


  what would be a nuisance in belgrave square would not necessarily be so in bermondesy
• in terms of element three what does it mean when it is said that the courts will consider malice of the defendant towards the claimant?

  The Courts will assess the extent to which Dis motivated by malice. Where D is motivatedby malice the Courts are more likely to findthat the interference is unreasonable.
• what cases show that malice of the defendant towards the claimant will be considered when deciding reasonableness of a private nuisance incident?

  Christie v Davey and Hollywood silver fox farm v Emmett
• in terms of element three what does it mean when it is said that the courts will consider public benefit?

  The Courts must balance conflicting interests. If there is a public benefit to be derived from D’s activity, the courts are unlikely to grant an injunction prohibiting the activity altogether. Damages is more likely to be considered an appropriate remedy
• which cases show that public benefit will be considered when deciding if an incident of private nuisance is reasonable or not?

  Kennaway v Thompson and Miller v Jackson
• in terms of element three what does it mean when it is said that the duration and frequency of the private nuisance is considered?

  The more often he activity occurs, and thelonger that it goes on, the more likely the Courts are to find it unreasonable. Isolated incidents are not normally actionable, but theycan be if they are sufficiently serious.
• in terms of element three what does it mean when it is said that the courts will consider any sensitivities of the claimant?

  A particular sensitivity of C will not make anactivity unreasonable, which would otherwisebe reasonable
• which case shows that the sensitivities of the claimant will be considered when deciding the reasonableness of the private nuisance incident?

  Robinson v Kilvert
• which case shows that the sensitivities of the claimant will be considered when deciding the reasonableness of the duration and frequency of the nuisance?

  British celansese LTD v Hunt
• what is the significance of a nuisance existing before the claimant moved to the vicinity?

  It is irrelevant. If the claimant is suffering a nuisance, it doesn't matter if the defendant was there first
• what are the two defences that the defendant can plead in private negligence claims?

  Prescription and statutory authority