nuisance

Cards (8)

  • manatia v national provincial : occupier of land can be sued for nuisance
  • thomas v num: creator can be sued for nuisance
  • hunter v canary wharf: the claimant must be someone with an interest in land
  • southwark v mill: unreasonableness is interference which goes beyond the normal bounds of acceptability
  • four factors the court will consider to determine unreasonableness:
    • locality: put up with level of discomfort common for the area (st helen’s v tippings) and how the area is now (gillingham v medway)
    • malice: out of bad motive (christie v davey)
    • duration (crown river v kimbolton)
    • c’s sensitivity
  • allen v gulf oil: defence of statautory authority, acted with reasonable care and skill
  • sturges v bridgeman: if c has put up with nuisance for over 20 years they cannot sue
  • coventry v lawrence: injunctions are available