Nuisance

• Private Nuisance: an unlawful, indirect interference with another person's use or enjoyment of their land
• C must have an interest in the land affected by the nuisance - Hunter v Canary Wharf
• A nuisance must be indirect and unreasonable - Halsey v Esso Petroleum
• Locality - more noise is expected in commercial/industrial areas, less noise is expected in residential/rural areas
• Duration - the longer the nuisance lasts, the more likely it will be regarded as a nuisance, i.e. must last for a substantial amount of time - Crown River Cruises v Kimbolton Fireworks
• Malice - if D acted maliciously, their behaviours will be more likely to be classed as a nuisance - Hollywood Silver Fox Farm
• Physical damage is always likely to be a nuisance - St Helens Smelting v Tipping
• Cannot claim for personal injury or PSLA
• Prescription (Defence) - if the interference lasted 20 years without a complaint, then it cannot be a nuisance
• Consent/Volenti (Defence) - full defence if C consented to the nuisance
• Statutory authority (Defence) - will not be a nuisance if the interference was authorised by an Act of Parliament - Allen v Gulf Oil
• Planning Permission (Defence) - not a nuisance if the local authority give planning permission - Coventry v Lawrence

  • Planning permission can change the nature of the locality - Gillingham Council v Medway Dock
• Moving to the nuisance - NOT A DEFENCE - Miller v Jackson
• Social benefit - NOT A DEFENCE, may be relevant when discussing inunctions - Miller v Jackson
• Damages (Remedy) - may be considered more widely, only for damage to property
• Injunctions (Remedy) - Miller v Jackson - orders D to stop the nuisance

  • Kennaway v Thompson - injunctions can be tailored for each individual case
• Abatement (Remedy) - you enter D's property to prevent further nuisance