Nuisance

• Definition

  "an unlawful interference with a persons ordinary use of enjoyment of land or some right over, or in connection with it"

  • Bamford v Turnley (1860)
• Requirements

  • must be an owner/ occupier creating a recognised nuisance
  • Can only be a claimant if they own/occupy land whos enjoyment of land is affected
  • Cannot be a child- have to have legal right to land- Hunter v Canary Wharf
• Recognised nuisance types

  • Noise
  • Smoke
  • Dust
  • Ash
  • Soot
  • Smells
  • Light
  • fire
• Reasonable user test

  • must be substantial
  • objective test
• Location

  • Sturges v Bridgman
  • "What would be a nuisance in Belgrave Square would not be necessary be so in Bermondsey"
• Time

  • De Keyers Royal Hotel v Spicer Bros Ltd
  • an injunction was granted to prevent noise at night
• Usefulness of D's activity

  • Stephens v Anglian Water Authority
  • Water plant was noisy but it was essential #
• Sensitivity of the Claimant

  • Gaunt v Finney
  • Based on how the average person would feel about the nuisance so oversensitivity does not cloud the judgement
• Malice

  • Christie v Davey
  • Deliberately doing something which is annoying
• Southwark LBC v Tanner

  • Normal use of land cannot be nuisancee
• Defences

  1.Statutory authority -complete defence if there is an act which allows for the activity to happen - Allen v Gulf Oil Refining

  2.Prescription- If claimant has put up with something for more than 20 years, then they cannot sue
• Remedies

  • Damages- property, personal injury
  • Injunction- court order to stop- most common