Private nuisance is
An unlawful interference with a person’s use or enjoyment of land.
Interference with the enjoyment on land will classed as unreasonable.
For a sucessful claim
The interference can be indirect ( Halsey V Essco) but it can be direct.
There is no claim for personal injury
Malone V Laskey
Claimant must have
Interest on land and family members can’t claim if they don’t have interest (Hunter V Canary Wharf)
Defendant is one
Causing or allowing the nuisance.
The courts need to consider if it is reasonable
Hunter V Canary Wharf - Loss of Tv signal due to new buildings
Unlawful nuisance
Prima Facie
Obvious nuisance
Physical damage