Full notes: Private Nuisance

Question 1

private nuisance definition

Answer 1

• The claimant must have an interest in the land (person must own/have a right over the land)
• There must be unreasonable use of the land which is the source of the nuisance
• The claimant must suffer some harm

Question 2

How do you establish locus standi in private nuisance?

Answer 2

Claimants must have a legal interest in the land affected by the nuisance:
- Owners of the property.
- Tenants / leaseholders with exclusive possession.
- Occupiers (in some circumstances)

Question 3

Case that establishes locus standi

Answer 3

Hunter v Canary Wharf (1997)

Question 4

Foster v Warblington UDC

Answer 4

Exclusive possession = has interest in land

Question 5

Definition of defendants

Answer 5

Jones Ltd v Portsmouth City Council: can be any party who creates or allows the nuisance.

Question 6

What are the things you have to take into account for an unreasonable use of the land?

Answer 6

• Sensitivity of the claimant
• Nature of the locality
• Duration
• Malice

Question 7

Case for abnormal sensitivity

Answer 7

Robinson v Kilvert

Question 8

was the interference foreseeable?

Answer 8

Network Rail Infrastructure v Morris

Question 9

What do you have to consider within duration of the interference?

Answer 9

• Interferences should not be continuous and carried on at unreasonable hours of the day
• A noisy one-off party may not be a nuisance
• Regular, noisy and late-night parties may amount as a nuisance

Question 10

What are the factors of reasonableness?

Answer 10

• locality
• duration
• indirect
• malice
• social benefit

Question 11

Locality

Answer 11

Surges v Bridgman

Question 12

Duration (sleep)

Answer 12

De Keyser’s Royal Hotel v Spicer Bros

Question 13

Indirect interference

Answer 13

Hunter v Canary Wharf Ltd.

Question 14

Malice

Answer 14

Hollywood Silver Fox Farm v Emmett

Question 15

social benefit

Answer 15

Miller v Jackson

Question 16

foreseeability

Answer 16

Cambridge Water v Eastern Counties Leather plc / the wagon mound

Question 17

Defence : Civil Aviation Act 1982 s.76

Answer 17

It is a defence to private nuisance if the claimant can show that his or her conduct was authorised by law.

Question 18

Defence : prescriptive right

Answer 18

Sturges v Bridgman

Question 19

Defence : contributory negligence

Answer 19

Sedleigh Denfield v O’Callaghan