Nuisance

Question 1

Define Private Nuisance

Answer 1

Nuisance is the unlawful interference with a person’s use or enjoyment of land

Question 2

Stage 1

Answer 2

Considers the parties involved

Question 3

Outline stage 1 in full

Answer 3

C must demonstrate a legal interest in the land affected (Hunter v Canary Wharf)

Question 4

Hunter v Canary Wharf for regular stage 1

Answer 4

C must demonstrate a legal interest in the land affected

Question 5

C must demonstrate a legal interest in the land affected

Answer 5

Hunter v Canary Wharf

Question 6

Side rule for stage 1

Answer 6

Interference with recreational activities will not amount to a nuisance (Hunter v Canary Wharf)

Question 7

Interference with recreational activities will not amount to a nuisance

Answer 7

Hunter v Canary Wharf

Question 8

Hunter v Canary Wharf for stage 1 side rule

Answer 8

Interference with recreational activities will not amount to a nuisance

Question 9

Stage 2

Answer 9

It must be established that D’s interference was unlawful

Question 10

Briefly fully outline stage 2

Answer 10

The unlawfulness of the interference depends on how unreasonable it was.
Even if D took reasonable care to prevent the nuisance, they can still be held liable (Cambridge Water)
D must go through factors of reasonableness to establish this

Question 11

Cambridge Water for nuisnace

Answer 11

Even if D took reasonable care to prevent the nuisance, they can still be held liable

Question 12

Even if D took reasonable care to prevent the nuisance, they can still be held liable

Answer 12

Cambridge Water

Question 13

What are the four factors under stage 2?

Answer 13

Locality
Duration
Malice
Sensitivity

Question 14

What are the cases under locality?

Answer 14

Leeman v Montague
Hirose Electrical v Peak Ingredients

Question 15

Outline locality fully

Answer 15

The reasonableness of the interference will depend on the nature of the locality (Leeman v Montague)
Higher levels of disturbance are considered reasonable in a commercial area than a residential area (Hirose Electrical v Peak Ingredients)

Question 16

Leeman v Montague

Answer 16

The reasonableness of the interference will depend on the nature of the locality

Question 17

The reasonableness of the interference will depend on the nature of the locality

Answer 17

Leeman v Montague

Question 18

Hirose Electrical v Peak Ingredients

Answer 18

Higher levels of disturbance are considered reasonable in a commercial area than a residential area

Question 19

Higher levels of disturbance are considered reasonable in a commercial area than a residential area

Answer 19

Hirose Electrical v Peak Ingredients

Question 20

Side rule under locality

Answer 20

If physical damage is done, D’s actions will always be classed as a nuisance regardless of locality (St Helen’s v Tipping)

Question 21

St Helen’s v Tipping

Answer 21

If physical damage is done, D’s actions will always be classed as a nuisance regardless of locality

Question 22

If physical damage is done, D’s actions will always be classed as a nuisance regardless of locality

Answer 22

St Helen’s v Tipping

Question 23

What are the cases under duration?

Answer 23

Cunard v Antifyre
De Keyser’s Royal Hotel

Question 24

Outline duration fully

Answer 24

Interferences done for a substantial period of time are classed as a nuisance. The longer the interference lasts, the more likely it is to be classed as a nuisance (Cunard v Antifyre)

If the interference is taking place at unreasonable times of the day, it is more likely to be classed as unreasonable (De Keyser’s Royal Hotel)

Question 25

Cunard v Antifyre

Answer 25

Interferences done for a substantial period of time are classed as a nuisance. The longer the interference lasts, the more likely it is to be classed as a nuisance

Question 26

Interferences done for a substantial period of time are classed as a nuisance. The longer the interference lasts, the more likely it is to be classed as a nuisance

Answer 26

Cunard v Antifyre

Question 27

De Keyser's Royal Hotel

Answer 27

If the interference is taking place at unreasonable times of the day, it is more likely to be classed as unreasonable

Question 28

If the interference is taking place at unreasonable times of the day, it is more likely to be classed as unreasonable

Answer 28

De Keyser's Royal Hotel

Question 29

Side rule for duration

Answer 29

If the interference causes physical damage, it will be classed as a nuisance regardless of how long it lasted for (Crown River Cruises)

Question 30

Crown River Cruises

Answer 30

If the interference causes physical damage, it will be classed as a nuisance regardless of how long it lasted for

Question 31

If the interference causes physical damage, it will be classed as a nuisance regardless of how long it lasted for

Answer 31

Crown River Cruises

Question 32

Malice

Answer 32

If D's actions are malicious, they are more likely to be held unreasonable (Christie v Davey)

Question 33

Christie v Davey

Answer 33

If D's actions are malicious, they are more likely to be held unreasonable

Question 34

If D's actions are malicious, they are more likely to be held unreasonable

Answer 34

Christie v Davey

Question 35

Sensitivity

Answer 35

Even if C is abnormally sensitive, the D will only not be liable if the activity would not cause a nuisance to a reasonable person (Robinson v Kilvert)

Question 36

Robinson v Kilvert

Answer 36

Even if C is abnormally sensitive, the D will only not be liable if the activity would not cause a nuisance to a reasonable person

Question 37

Even if C is abnormally sensitive, the D will only not be liable if the activity would not cause a nuisance to a reasonable person

Answer 37

Robinson v Kilvert

Question 38

Sensitivity side rule

Answer 38

C cannot claim for interference towards recreational activities (Hunter v Canary Wharf)

Question 39

Give all defences and case

Answer 39

Statutory authority - Allen v Gulf Oil Refining Planning Permission Prescription Consent Contributory Negligence - Law Reform (Contributory Negligence) Act 1945

Question 40

What is not a defence?

Answer 40

Even if C moves towards the nuisance, this is not a defence (Miller v Jackson)

Question 41

Allen v Gulf Oil Refining

Answer 41

Statutory authority

Question 42

Statutory authority

Answer 42

Allen v Gulf Oil Refining

Question 43

Miller v Jackson defence

Answer 43

Even if C moves towards the nuisance, this is not a defence

Question 44

Even if C moves towards the nuisance, this is not a defence

Answer 44

Miller v Jackson

Question 45

Name all remedies and case

Answer 45

Compensatory Damages Abatement - Lemon v Webb Injunction - Miller v Jackson

Question 46

Lemon v Webb

Answer 46

Abatement - C is entitled to alleviate the nuisance

Question 47

Abatement - C is entitled to alleviate the nuisance

Answer 47

Lemon v Webb

Question 48

Miller v Jackson

Answer 48

Injunction

Question 49

Injunction

Answer 49

Miller v Jackson

Question 50

Miller v Jackson for injunction ruling

Answer 50

The court may reject an injunction if it is not in the public interest

Question 51

The court may reject an injunction if it is not in the public interest

Answer 51

Miller v Jackson