Sedleigh Denfield v O’Callaghan 1940
an occupier who knows of a danger and allows it to continue is liable in nuisance, even if they have not created the danger themselves
(a pipe laid by the local authority but on the d’s land was blocked flooding the neighboring land)
Leakey v National Trust 1980
a landowner could be liable in nuisance if they know a slippage might happen and fail to prevent it
(large natural mound on a hillside on the d’s land, they were aware that it could slip and following the hot summer it did slip, damaging the c’s cottage)
Hunter v Canary Wharf Ltd 1997
loss of recreational facilities’ are not sufficient in interference to give rise to an action in nuisance, only those with an interest in the land not members of families have a right to bring action in nuisance
(residents in docklands complained of interference of TV reception when Canary Wharf was being built)
Crown River Cruises Ltd v Kimbolton Fireworks Ltd 1996
even a short-term activity can amount to a nuisance
(river barge was set alight by flammable debris, from a 20 min firework display)
Robinson v Kilvert 1889
if the c is unduly sensitive a nuisance will not be found
(paper boxes were stored in hot and dry conditions which caused paper stored above them to dry out)
Christie v Davey 1893
the d’s deliberate and malicious behaviour amounted to a nuisance
(the d was annoyed by his neighbour’s music and deliberately banged trays on the walls, blew whistles and shouted to disturb the neighbour)
Miller v Jackson 1977
use of a sports ground and its benefit to the community was balanced against the c’s use of their garden, community use outweighed private use
(c’s use of their garden was disrupted by cricket balls being hit into it from the adjoining recreation ground)
Sturges v Bridgeman 1879
defence of prescription failed as the nuisance began when the consulting room was built, the period before the building was erected did not count
(doctor built consulting rooms in his garden on the boundary to a sweet factory, complained of the vibrations from machinery)
Allen v Gulf Oil Refining 1981
the refinery had statutory authority to operate as this must have been P’s intention
(residents near an oil refinery brought a nuisance as the d’s didn’t have express permission to operate it)
Coventry v Lawrence 2014
the SC decided the rule in Sturges v Bridgman about the character of neighborhood still applies
(planning permission had been given for speedway later for other motor sports, a claim of noise nuisance was made, limiting the use of the track)
Rylands v Fletcher 1868
a claim could be made if material was brought onto land and stored, it was likely to cause a mischief if it escapes, which amounted to a non-natural use of the land -was a natural use of land here-
(D made a reservoir as a water supply for his mill, mineshafts were not blocked off causing them to flood)
Transco plc v Stockport Metropolitan Borough Council 2004
claim in RvF is a special form of nuisance when the use of land is extraordinary and unusual
(water leak left a gas main exposed requiring remedial work, C sought to recover the cost of the work)
Hale v Jennings Bros 1938
the risk of injury must be foreseeable (chair-o-plane became loose an a fairground and detached crashing into the ground)
Rickards v Lothian 1913
has to be a non-natural use of the land- not present in this case as domestic pipes were a natural use
(unknown person turned on water taps and blocked plugholes causing damage to the flat below)
Stannard v Gore 2012
the thing that escapes must also be the thing that is being stored on the land (tyres caused a fire to escape)
British Celanese v AH Hunt Ltd 1969
the use of the land must be non-natural, which was not present in this case (storing of metal foil, benefit to local population)
Read v Lyons 1947
material has to escape from one property onto adjoining property, no liability here as there was no escape
(an explosion took place in a munitions factory causing injury)
Cambridge Water Co. v Eastern Counties Leather 1994
damage has to be reasonably foreseeable and not too remote from the escape -non natural use of land, not here-
(stored chemicals seeped through the concrete floor of a factory into the soil below, polluting an area where water was extracted)
Nichols v Marsland 1876
there was an act of God (extreme weather conditions caused destruction of bridges due to broken dam, d not liable)
Perry v Kendricks Transport 1956
there was an act of a stranger (park bus fuel cap removed by stranger, children playing, match ignite fumes- kaboom, d not liable)
Peters v Prince of Wales Theatre 1943
volenti non fit injuria- consent (shop suffer flood damage from sprinklers but was also for benefit of shop who consented to it being installed, d not liable)
