Private nuisance

• Private Nuisance - definition

  The unlawful interference with a person’s use or enjoyment of land, or some right over, or in connection with it.

  HWVR, in Hunter v Canary Wharf

  -> Lord Lloyd stated that just because something is an annoyance doesn’t mean it is actionable in private nuisance
• Private nuisance - requirements

  C must have an interest in the land;

  There must be unreasonable use of the land which is the source of the nuisance;

  The C must suffer some harm
• Private Nuisance - 1st requirement, Malone v Laskey


  It must be shows that the C has an interest in the land in order to sue
• Private Nuisance - 2nd requirement, 1st factor


  Sensitivity of the C

  Robinson v Kilvert - a C will not succeed in private nuisance where he is abnormally sensitive, or his trade is abnormally sensitive and an ordinary user would not have been harmed
• Private Nuisance - 2nd requirement, 2nd factor


  Duration and time of the nuisance

  Halsey v Esso Petroleum

  -> a private nuisance was created by noise at night from boilers and road tankers

  Crown River Cruises v Kimbolton Fireworks

  -> a private nuisance can even be a one off event
• Private Nuisance - 2nd requirement, 3rd factor


  Character of the neighbourhood.

  Hirose Electrical v Peak Ingredients

  -> people who live industrial areas can expect more noise than those in a rural area

  Sturges v Bridgman

  -> Thesiger LJ explained that ‘what would be a nuisance in Belgrave Square would not necessarily be so in Bermondsey‘
• Private Nuisance - Miller v Jackson


  The court will also consider the utility of the D’s conduct
• Private Nuisance - Christie v Davey


  The court will also look at whether there is any malice on the part of the D