Private Nuisance

• Claimant

  The person who has brought the claim to court
• Defendant

  The person that is causing the nuisance

  Tetley - Council allowed a Go Kart company to open in a residential area. Council were liable for private nuisances
• Indirect interference

  Things that the defendant has done intentionally. i.e Sound, light
• Continuous interference

  The nuisance has been going on for a long period of time
• Effect C's use/ enjoyment of land

  Meaning that the claimant is no longer able to enjoy their land due to the defendants nuisance

  Laws - D opened a sex shop in a residential area with families.
• Unlawful Interference

  Locality

  Duration

  Sensitivity of Claimant

  Malice - Silver fox Farm: D maliciously fired a gun to force the foxes to miscarry.

  Social public benefit
• Defences

  Consent

  Contributory negligence

  Prescription
• Remedies

  Injunctions: Order to stop D from causing the Nuisance

  Abatement: Order permitting C to enter D's premises.