nuisance cases

• • The defendant's deliberate malicious behaviour amounted to a nuisance
  • Miller v Jackson:
  • The community use of a sports ground outweighed the private use of a garden
  • Sturges v Bridgman:
  • The defence of prescription failed as the nuisance began when the consulting room was built
  • Allen v Gulf Oil Refining:
  • The refinery had statutory authority to operate as this must have been Parliament’s intention
  • Coventry v Lawrence:
  • The rule in Sturges v Bridgman about the character of the neighbourhood still applied
• Key Cases and Legal Principles in Private Nuisance:

  • Sedleigh Denfield v O’Callaghan:
  • A pipe, laid by local authority on the defendant's land, caused flooding on neighbouring land
  • Legal Principle: An occupier who knows of a danger and allows it to continue is liable in nuisance, even if they have not created the danger themselves
  • Leakey v National Trust:
  • A landowner could be liable in nuisance if they know a slippage might happen and fail to prevent it
  • Hunter v Canary Wharf LTD:
  • Loss of a recreational facility is not sufficient interference to give rise to an action in nuisance
  • Only those with an interest in the land have a right to bring a claim in nuisance
  • Crown River Cruises Ltd:
  • Even a short-term activity can amount to a nuisance
  • Robinson v Kilvert:
  • If the claimant is unduly sensitive, a nuisance will not be found
  • Christie v Davey: