Public nuisance

• Public Nuisance - definition

  A nuisance which affects the public generally

  AG v PYA Quarries, Romer LJ:

  -> ‘materially affects the reasonable comfort and convenience of life of a class of His Majesty’s subjects’ A public nuisance is both a crime and a tort and it affects a representative cross-section of a class of society in a neighbourhood
• Public Nuisance - 2 requirements

  Foreseeability of the risk of the type of nuisance

  A class of people was affected
• Public Nuisance - 1st requirement

  Cambridge Water v Eastern Countries Leather

  -> it was not foreseeable the spillage of chemicals in a factory would result in the closing of a water borehole.

  R v Goldstein

  -> it was not reasonably foreseeable that salt would leak from an envelope, closing down a post office.

  Both claims failed.
• Public Nuisance - 2nd requirement


  Class of people hasn‘t been clearly defined by the courts. Romer LJ - described it as being a question in fact in every case and Denning said that it was ‘widespread’ and ‘indiscriminate’ in its effect.

  R v Ruffell - there was public nuisance where a class of people (local residents) were affected by an acid house party.

  R v Ong - there was public nuisance where a class of football spectators were affected by the switching off of floodlights.

  R v Lowrie - there was public nuisance where hoax phone calls were made to 999
• Public Nuisance - obstructing the highway

  Is now an offence under s.137 of the Highways Act 1980

  R v Rimmington - HOL stated that public nuisance should not be used for conduct which is now covered by statute unless there was a good reason