Private Nuisance

Question 1

Definition

Answer 1

Unlawful interference for a substantial length of time with a person’s right to enjoy their land in a reasonable way.

Question 2

C must prove

Answer 2

1. Right to claim
2. Capable D
3. Interference
4. Interference is unlawful

Question 3

1. Right to claim

Answer 3

C must have legal interest in the affected land (Hunter v Canary Wharf).

Question 4

2. Capable D

Answer 4

Person being sued is:
D is creator of nuisance (Tetley v Chitty) OR adopting/ continuing/ failing to deal with nuisance (Sedleigh- Denfield v O’Callaghan).

Question 5

3. There is an interference

Answer 5

A) physical damage
B) loss of amenity in using land

Question 6

4. Interference is unlawful.

Answer 6

Must be sufficiently serious + materially interfere with ‘ordinary existence’ (Murdoch v Glacier Metal).

Question 7

Unlawfulness factors the courts consider

Answer 7

a. Locality (Sturges v Bridgman)

b. Duration (Crown River Cruises v Kimbolton)

c. Sensitivity (Network Rail v Morris)

d. Social utility (Miller v Jackson)

e. Malice on part of D (Hollywood Silver Fox Farm v Emmett).

Question 8

Defences

Answer 8

1. Statutory authority (Allen v Gulf Oil Refining)
2. Prescription (Sturges v Bridgman)
3. Consent

Question 9

Remedies

Answer 9

1. Injunction (Milker v Jackson)
2. Damages: physical damage (Hunter v Canary Wharf) + loss must be reasonably foreseeable (The Wagon Mound No 2)
3. Abatement (Lemmon v Webb)