The defences to nuisance

• Prescription:

  • Prescription is the right to commit a nuisance may be acquired by prescription, that is, by 20 years' exercise of the acts constituting the nuisance. 
  • žThe defendant must prove that the interference amounted to an actionable nuisance throughout the 20-year period, rather than proving that he has carried on the activity for 20 years.
• what is the signfiicance of the case of sturges v bridgeman?

  It is an example of the defense for nuisance of prescription failing.
• Which case is an example of the defense for nuisance of prescription failing?

  Sturges v Bridgman
• Why did the defence of prescription in sturges v bridgeman fail?

  even though the D had been operating his factory for over 20 years the nuisance only started after C built a consulting room on the boundary of his garden.
• Statutory Authority:

  • Statutory Authority is a complete defence that shows that the nuisance was expressly authorised by parliament
• What is the signfiicance of the case of Allen v Gulf?

  It is an example of the defence for Nuisance of Statutory authority succeeding.
• Which case is an example of the defence for Nuisance of Statutory authority succeeding?

  Allen v Gulf oil Refining
• Why did the defence of statutory authroity succeed in Allen v Gulf Oil refining?

  The defence succeeded because žthe alleged nuisance was an inevitable consequence of the operation of the oil refinery which had been authorised by statute.