nuisance

• What is the definition of private nuisance?


  An unlawful interference with a person's use or enjoyment of land
• What types of factors typically constitute a private nuisance?


  Indirect factors such as noise, smell, or smoke
• Who can claim for private nuisance?


  Anyone affected by an unwanted, continuous interference with their land
• What was the legal principle established in Hunter v Canary Wharf Ltd (1997)?


  Only those with an interest in land can claim for nuisance
• What must the claimant have to claim in a private nuisance case?


  The claimant must have an interest in the land, being either an owner or tenant
• What types of activities have been confirmed as nuisances in case studies?

  Fumes, smell, noise, vibrations, hot air rising, oily smuts, fire, cricket balls
• What recent change occurred in the Supreme Court decision in Fearn and others v Trustees of the Tate Gallery (2023)?


  The court found in favor of the claimants regarding the right to a view
• What factors should be considered when determining if an interference is unreasonable?

  • Locality: Character of the area
  • Duration: How long the nuisance lasts
  • Sensitivity: Sensitivity of the claimant
  • Malice: Deliberate harmful acts
  • Social benefit: Does the defendant's use have social benefit?
• How did the court rule in Crown River Cruises Ltd v Kimbolton Fireworks Ltd (1996)?


  The court found that flammable debris from fireworks amounted to a private nuisance
• What did Sturges v Bridgman (1879) establish regarding locality in nuisance cases?


  What might be a nuisance in one area may not be in another
• How did the sensitivity of the claimant affect the ruling in Robinson v Kilvert (1898)?


  The court ruled there was no nuisance because the claimant's brown paper was particularly delicate
• What constitutes malice in nuisance cases, as illustrated by Christie v Davey (1893)?


  Deliberate harmful acts that disrupt others' enjoyment
• How did the court weigh public benefit against private benefit in Miller v Jackson?


  The court decided the public benefit of recreation outweighed the claimant's private enjoyment
• Who can be sued for causing a nuisance?


  The creator of the nuisance or their successors in title
• What is the significance of the case Bybrook Barn Garden Centre v Kent County Council (2001)?


  The council was held responsible for flooding caused by a culvert they maintained
• What does it mean for an occupier to adopt a nuisance?


  The occupier may be liable if they fail to deal with a nuisance even if it was caused by a previous owner
• In Leakey v National Trust (1980), why was the defendant held liable?


  The defendant was aware of the potential for land slippage and failed to prevent it
• What is the defense of volenti in nuisance claims?


  Consent by the claimant to the nuisance may be a defense
• What is the prescription defense in private nuisance cases?


  If the action has been carried on for at least 20 years without complaint, the defendant may argue they have a prescriptive right
• Why is moving to the nuisance not a valid defense?


  The defendant cannot claim the claimant is at fault for moving closer to the nuisance
• What is the role of statutory authority in nuisance claims?


  Statutory authority may provide a defense in nuisance claims
• What happened to C's cottage due to land slippage?


  It was damaged.
• Who is liable for the damage caused by land slippage?


  D is liable as they failed to prevent slippage.
• Who may be sued in a nuisance case?

  The Defendant.
• Does the Defendant need to have an interest in the land for a nuisance claim?


  No, they can be a short-term tenant or family member.
• What is the defence of Volenti in nuisance claims?


  It refers to the claimant's consent to the nuisance.
• What must be established for the defence of Volenti to apply?


  Active steps taken by the Claimant encouraging the nuisance.
• What is the principle of Prescription in private nuisance?


  If the action has been ongoing for 20 years without complaint, the defendant may claim a prescriptive right.
• What does moving to the nuisance not provide?


  A defence for the defendant.
• What is the role of statutory authority in nuisance claims?


  It can provide a lawful justification for nuisance activities regulated by statute law.
• Which acts regulate nuisance activities?

  Water Industry Act 1991 and Clean Neighbourhoods and Environment Act 2005.
• What was the outcome of Allen v Gulf Oil Refining (1981)?


  The defence of statutory authority applied as the nuisance was an inevitable consequence of operating the authorised refinery.
• What did the court decide in Marcic v Thames Water plc (2003)?


  No nuisance action was possible due to clear statutory procedures provided by the Water Industry Act 1991.
• How can planning permission serve as a defence in nuisance claims?


  If it changes the character of the area, a previous nuisance may no longer be considered unreasonable.
• What was the legal principle in Wheeler v Saunders (1996)?


  Planning permission is a defence only if it changes the character of the neighbourhood.
• What was the outcome of Watson v Croft Promo-Sport (2009)?


  The court granted an injunction limiting the use of the race track due to noise disturbance.
• What did the Supreme Court confirm in Coventry v Lawrence (2014)?


  There was noise nuisance requiring an injunction to limit the use of the track.
• What does the rule in Sturges v Bridgman state regarding property use?


  If the claimant uses their property for the same purpose as their predecessor, the defendant cannot use the defence of moving to the nuisance.
• What are the two main remedies in nuisance claims?

  Injunction and damages.
• What is an injunction in nuisance claims?


  It is an order to stop causing the nuisance.