EXAM NOTES - Nuisance

Question 1

Define nuisance

Answer 1

unlawful activity that is harmful or noxious and interferes with another person’s rights, use or enjoyment of their land
- Read v J. Lyons

Question 2

What does C need to sue in private nuisance?

Answer 2

proprietary/possessionary interest in the land affected

• Hunter v Canary Wharf
• Dobson v Thames Water

Question 3

What can C recover for in nuisance

Answer 3

anything but PI

Transco v Stockport/Hunter v Canary Wharf

Question 4

who can be sued for a private nuisance

Answer 4

• the creator
• the occupier
• the landlord
• the party in control of the land

Question 5

what says the creator of the nuisance can be sued

Answer 5

Thomas v NUM

Question 6

When can the occupier not be sued in private nuisance?

Answer 6

• nuisance caused by independent contractors BUT: Matania v National Province Bank can be sued sometimes if nuisance caused is reasonably foreseeable
• nuisance caused by previous owners
• nuisance caused by a trespasser unless adopted or continued by occupier Page Motors v Epsom BC
• nuisance caused by an unforeseeable act of nature eg Leakey v National Trust

Question 7

when can the landlord be sued in private nuisance

Answer 7

if he rents the land for the activity that creates the nuisance eg Tetley v Chitty Go Kart Club

Question 8

how can the party in control of the land be sued

Answer 8

eg Jones v Portsmouth CC sued because the council controlled the land even if it didn’t own it

Question 9

what are the elements of a private nuisance claim

Answer 9

• indirect interference with use or enjoyment of land (indirect - Holbeck Hotel v Scarborough
• actual damage
• interference is unlawful

Question 10

indirect interference examples

Answer 10

Sturges v Bridgman noise

Sedleigh-Denfield v O’Callaghan flood of water

Question 11

actual damage types

Answer 11

• either property damage eg Lemmon v Webb from overhanging tree branches
• or SPD sensible personal discomfort eg St Helen’s Smelting v Tipping

Question 12

what does unlawful mean? How is it judged?

Answer 12

unreasonable

• Bamford v Turnley; question of ‘live and let live’
• standard judged objectively St Helens v Tipping
• balances rights of D and C Sedleigh-Denfield v O’Callaghan flood case
• range of factors

Question 13

what are the factors of unlawfulness

Answer 13

• character of neighbourhood
• public benefit from the nuisance
• time/duration/frequency
• abnormal sensitivity
• malice
• lack of care about causing a nuisance

Question 14

does the court consider planning permission in nuisance claims

Answer 14

• do not authorise a nuisance Wheeler v JJ Saunders

- but may lead to a change in the area’s character Gillingham BC v Medway

Question 15

are there any specific defences to a private nuisance claim

Answer 15

20 year prescription rule but very rare eg Sturges v Bridgman nuisance only developed after doctor’s surgery expansion so could not be used

Question 16

define a public nuisance

Answer 16

an act or omission which materially affects the reasonable comfort and convenience of a group of people AG v PYA Quarries
- no interest in land needed Lyons v Gulliver

Question 17

give some examples of public nuisance

Answer 17

• pollution Southport Corporation v Esso
• queueing on the highway Lyons v Gulliver blocking a tea shop
• picketing on a highway Thomas v NUM
• pigeons Wandsworth v Railtrack

Question 18

what does C need to prove to bring an action in public nuisance?

Answer 18

1) part of a class of people that are affected
2) they have suffered some special damage or different damage beyond the rest of the group affected eg Lyons v Gulliver - tea shop owner lost custom due to the queue. Or Castle v St. Augustine Links Golf Club - C could sue because he was actually hit by a flowing golf ball
3) that their loss was material ie not trivial

Question 19

What is distinctive about liability in Rylands?

Answer 19

strict liability - no need to prove intention or negligence

Question 20

What does C need to sue in Rylands

Answer 20

• proprietary interest in land as with private nuisance Cambridge Water v Eastern Counties Leather and Transco v Stockport
• Can sue for a one-off spillage

Question 21

Who can be sued for a Rylands tort?

Answer 21

anyone who has control over the land on which the dangerous thing is brought
- Rylands

Question 22

What are the elements of a Rylands tort

Answer 22

• mischief
• non-natural user
• escape
• foreseeable

Question 23

explain Rylands mischief

Answer 23

brings onto the land something likely to do mischief ie has an element of danger

• Rylands - water
• Cambridge Water v Eastern Counties Leather - Chemicals
• Hale v Jenning Bros - a funfair ride that broke and hit a neighbour

Question 24

explain Rylands non-natural use

Answer 24

D brings onto his land something not naturally there - some special use Rickards v Lothian
1 E.g. chemicals Cambridge Water v Eastern Counties Leather
2 Water for a reservoir Rylands v Fletcher
3 Not domestic water – Rickards v Lothian and Transco v Stockport
4 Can change over time e.g. Musgrove v Pandelis full tank of petrol
5 Strict approach to fire LMS International v Styrene Packaging

Question 25

explain Rylands escape

Answer 25

the mischief escapes beyond the boundaries of the land D controls - Read v Lyons – C hurt in an explosion on D’s land so no escape

Question 26

how does foreseeability work as an element of Rylands

Answer 26

- Cambridge Water v Eastern Counties Leather – the damage must be reasonably foreseeable, not necessarily the method of escape

Question 27

what are the defences to Rylands

Answer 27

Normal + | - common benefit to both parties Peters v Prince of Wales Theatre - sprinkler system benefitted C so he could not claim

Question 28

how do character of the neighbourhood, public benefit or time/duration/frequency affect whether a nuisance is unreasonable?

Answer 28

- character of neighbourhood Sturges v Bridgman but not relevant if no SPD St Helen's Smelting v Tipping - public benefit from the nuisance Adams v Ursell but high bar to get over eg Dennis v MOD - time/duration/frequency - longer more frequent offences (Castle v St Augustine Links Golf Club) more likely to be nuisance than one off offences Bolton v Stone

Question 29

How do malice, lack of care or abnormal sensitivity affect whether a nuisance is unreasonable?

Answer 29

- abnormal sensitivity eg Robinson v Kilvert sensitive paper cf McKinnon v Walker plants not sensitive - malice eg Hollywood Silver Fox Farm v Emmett - can turn a lawful activity into a nuisance - carrying out work without taking reasonable care eg Andrae v Selfridge

Question 30

What can courts do if they want to control when a nuisance happens but not prevent it completely?

Answer 30

Kennaway v Thompson (speedboats on Lake Windemere) - issue partial injunction

Question 31

can noise be a public nuisance?

Answer 31

yes - R v Shorrock

Question 32

is moving to the nuisance a defence in public or private nuisance?

Answer 32

no, Miller v Jackson

Question 33

How big must the class of people be for a public nuisance claim?

Answer 33

- can be small AG v Hastings

Question 34

What kind of damage can be recovered for in public nuisance?

Answer 34

- any damage including PI and pure economic loss Rose v Miles

Question 35

What defences rely on the actions of the claimant?

Answer 35

- C's contributory negligence eg Froom v Butcher - failing to wear a seatbelt reduced C's damages - Default of the claimant (if the whole fault is C's) Dunn v Birmingham