Nuisance

• What is the tort of nuisance?

  Unreasonable interference with land use
• What are the three types of nuisance in tort law?

  • Public nuisance
  • Private nuisance
  • Statutory nuisance
• What is a statutory nuisance?

  Created by statutes concerning public health
• Which act is associated with statutory nuisance?

  Environmental Protection Act 1990
• What defines a public nuisance?

  Affects a class of people with special damage
• What case established the definition of public nuisance?

  Castle v St. Augustine’s Link [1992]
• What is required for a public nuisance claim?

  Special damage not suffered by others
• What is now a statutory offence under the Police, Crime, Sentencing and Courts Act 2022?

  Intentionally causing public nuisance
• Who can be considered a class of people affected by public nuisance?

  A local community or a specific group
• What must be considered when identifying a group affected by public nuisance?

  Characteristics of the group must be clear
• Who can sue for public nuisance?

  Anyone affected by the nuisance
• Who can be sued for public nuisance?

  Creator of the nuisance
• What is required for a private nuisance claim?

  Claimant must have interest in the land
• What case established the requirement for interest in land for private nuisance?

  Hunter v Canary Wharf [1997]
• Who can be sued in a private nuisance case?

  Creator of the nuisance and occupier
• What case involved the occupier being liable for nuisance created by a trespasser?

  Sedleigh-Denfield v O’Gallagher [1940]
• What must be proven in a private nuisance claim?

  Harms or damage must be proven
• What type of damage is considered tangible?

  Physical damage to property
• What case is associated with tangible damage in nuisance law?

  St. Helen's Smelting Co v Tipping
• What type of damage is considered intangible?

  Damage due to locality, duration, or malice
• How does locality affect nuisance claims?

  Inconsistency with surrounding area is unreasonable
• What case established the importance of locality in nuisance claims?

  Sturges v Bridgeman (1879)
• What does duration refer to in nuisance claims?

  Substantial interference beyond normal tolerance
• What case is associated with duration in nuisance law?

  Andreae v Selfridges and Co Ltd
• Can a claim be made if the claimant came to the nuisance?

  Yes, even if they came to the nuisance
• What does malice refer to in nuisance claims?

  Interference caused by malicious intent
• What case is associated with malice in nuisance law?

  Christie v Davey
• How does sensitivity affect nuisance claims?

  Damage due to claimant's property sensitivity
• What case is associated with sensitivity in nuisance law?

  Robinson v Kilvert
• What is public utility in nuisance claims?

  Activity causing interference has public benefit
• What case is associated with public utility in nuisance law?

  Miller v Jackson
• How is public utility considered in injunction decisions?

  It balances the reasonableness of interference
• What are common defences in nuisance claims?

  • Statutory authority
  • 20 year prescription
  • Unforeseen act of a stranger
  • Consent
  • Necessity
  • Contributory negligence