Private Nuisance

• Step 1

  In Fearn v Tate gallery private nuisance is defined as:

  A use of land which substantially interferes with the ordinary use and enjoyment of neighbouring land, judged by the standards of an ordinary person
• Step 2

  Parties:

  Does claimant have a legal interest in the land (Hunter v Canary Wharf)

  *Did defendant create a nuisance and allow it to continue (Tetly v Chitty)
• Step 3

  Interference

  Physical damage (Williams v Network rail) OR Loss of amenity (Bone v Seal)

  If no physical damage- interference must substantially interfere with ordinary physical comfort
• Step 4

  Was the interference unlawful

  *Is Ds use of land more than common and ordinary (Sturges v Bridgman)

  *Was the activity conveniently done - with proper considerations for neighbours (Barr v Biffs Waste)
• Step 5

  Defences

  Prescription - 20 years, defence only applies to something that has been an actionable nuisance for 20 years (Sturges v Bridgman)

  Statutory authority - authorised by parliament (Gillingham BC v Medway)
• Step 6

  Remedies

  *Injunction (ordered that the activity stops)

  *Damages

  *Abatement (C dealing with it themselves, e.g. chopping off branches