Private Nuisance

• Private nuisance is one individual suing another because what they're doing with their land is interfering with the peace and quiet of another.
• Private nuisance is typically seen through neighbours because of the proximity.
• "Nuisance is an indirect, intentional, unlawful interference with the enjoyment or use of anothers land".
• Interference must be indirect and a continuation (more than once).
• Halsey v Esso Petroleum: Damage to property.
• Thompson-Schwab v Costaki: Loss of amenity.
• Indirect: No touching. Normally this means things like smoke or noise.
• Intentional means not intending the nuisance, but the activity that caused it, was intention.

  For example: You have a BBQ, the smoke and smell from that can cause a nuisance.
• "Enjoyment or use of another's land": the claimant must have a proprietary interest.
• Tetley v Chitty: Owner of the land is liable.
• Hunter v Canary Wharf Tower: You've got to be the owner or tenant.
• The court must deem the nuisance as "unreasonable interference" (this basically just means unlawful).
• The judge will decide if what people are doing is reasonable or not. They will consider eight things:

  1. Location
  2. Time of day
  3. Duration
  4. Extent of the nuisance
  5. Sensitivity of the claimant
  6. Social benefit
  7. Malice
  8. Is it reasonable for C to have to suffer the particular interference?
• Miller v Jackson: Social benefit.
• Robinson v Kilvert: Sensitivity of the claimant.
• Hollywood Silver Fox Farm v Emmett: Malice
• Defences can include:

  1. Statutory authority
  2. Planning permission
  3. Prescription
  4. Moving to the nuisance
  5. Public benefit
  6. Ordinary use of the land
• Statutory authority: is there an act of parliament that has given permission for a certain activity?
• Planning permission: A council gives someone permission to do a particular activity.
• Prescription: If you've been making a nuisance for 20 years or more, then a person loses the right to complain.
• Moving to the nuisance: It is not a defence to argue that the nuisance only exists because the claimant has moved closer to the nuisance.
• Remedies include:

  1. Injunction
  2. Compensation
  3. Abatement
• Injunction: A court order to stop an activity or limit it.

  Coventry v Lawrence.
• Compensation: An apology to the claimant for putting up with the nuisance.
• Abatement: A self remedy where an individual (claimant) stops the nuisance themselves.