private nuisance how to answer

• 1). Definition - An unlawful interference with the ordinary use and enjoyment of neighbouring land 
• 2). Claimant must have Legal interest in the land 

  Hunter v Canary Wharf (owners and tenants could claim, but not children or guests)

  Defendant may be the creator of the nuisance or person who has allowed it to continue

  ○ Tetley v Chitty (landlords liable for actions of tenants, go-karting)
• 3). Interference

  Interference usually needs to be continuous, rather than a one-off occurrence

  Physical damage to the land - St Helens Smelting v Tipping (damage to trees and shrubs)

  Or 

  Loss of amenity (use or enjoyment of the land)

  Fearn v tate gallery 

  Hunter v canary wharf 
• 4). Unlawful interference

  What amounts to an ordinary use of land depends on the character of the locality, e.g.

  Sturges v Bridgman; Laws v Florinplace

  may be relevant to consider the

  duration/extent and whether D has acted with malice

  Barr v Biffa Waste (strong garbage smells over period of 5 years)
• 4). Special sensitivity of C is not relevant, e.g. Network Rail v Morris (damage to sensitive

  equipment in a recording studio was not foreseeable);

  Social utility is not a relevant factor for determining whether there is a nuisance but it may affect the remedy granted, e.g. Miller v Jackson (court refused to grant injunction against cricket club but instead awarded damages);
• 5). Defences to private nuisance

  Statutory authority

  Allen v Gulf Oil (nuisance had been authorised by an Act of Parliament)
• 5). Prescription

  D’s activity must have been causing a nuisance for 20 years or more without complaint

  Coventry v Lawrence (20 years runs from date an actionable nuisance arises)

  No defence of “coming to the nuisance”

  Miller v Jackson (Cs had built house next to cricket pitch)
• 6). Remedies

  Injunction - may prohibit an activity or control it to defined limits

  ○ Kennaway v Thompson (partial injunction restricting number of powerboat races)

  Fearn v Tate Gallery

  ● Damages may be awarded for physical damage to the land and loss of amenity

  occasionally punitive damages if D has acted with malice

  damages- momentary compensation, abatement - stopping a nuisance