private nuisance

• private nuisance is an unlawful interference with a persons use and enjoyment of land coming from a neighbouring land
• must have an interst in the land - canary wharf
• d is part causing nuisance - tetley v chitty
• d can know about a problem and fail to deal with it - o'callaghan
• noise or vibrations - sturges v bridgeman
• smoke and fumes - st helens smelting v tipping
• smells - bliss v hall
• loss of recreational facility is not enough - canary wharf
• interference must be unlawful which requires proof of unreasonableness
• locality - sturgess
• duration - crown river cruises
• sensitivity of c - robinson
• malice - hollywood silver fox farm
• social benefit - miller v jackson
• sensitivity is moving towards a test of forseeability - network rail
• interference must cause damage - st helens smelting
• prescriiption - stugess
• moving to the nuisance - miller v jackon
• statutory authority - allen v gulf oil
• planning permission is not an absolute defence - coventry v lawrence
• remedies include - injunctions, damages and abatement - lemmon
• courts have wider discretion to award damages - coventry v lawrence