What case was private nuisance defined in?
Fearn v Tate Gallery
What is private nuisance defined as?
Use of land which substantially interferes with the ordinary use and enjoyment of neighbouring land, judged by the standards of the ordinary person
What three things must there be to establish liability?
- Right to a claim
- Interference
- Unlawful
Right to bring an action
- Claimant has to have a legal interest in the land (Hunter v Canary Wharf)
- Defendant is the person who has created the nuisance/allowed it to continue (Tetley v Chitty)
What are the two types of interference?
- Physical damage (St Helen’s Smelting v Tipping)
- Loss of amenity (Bone v Seal)
Unlawful interference
Were the acts:
- Part of the ordinary use of the land
- Whether they are conveniently done, with proper consideration for the interests of neighbours
Common use of land (unlawful interference)
- Depends on the locality of the area (Sturges v Bridgeman)
- Special sensitivity of C is not relevant (Network Rail v Morris)
Conveniently done (unlawful interference)
- Length/degree/time of day of nuisance considered (Royal Hotel v Spicer Bros)
- Deliberately malicious act is more likely to be considered unlawful (Christie v Davey)
What are the defences?
- Prescription
- Statutory authority
- Social utility is not a defence (Miller v Jackson)
Prescription (defences)
- If D has carried out the activity for more than 20 years (C aware) and C hasn’t complained
- Coming to a nuisance isn’t a defence
Case for prescription
Sturges v Bridgman
Statutory authority (defences)
- Nuisance is created by a public body acting under statutory authority
- Planning permission does not mean the activity isn’t nuisance
Case for statutory authority
Allen v Gulf Oil
What are the three remedies?
- Injunction
- Damages
- Abatement
Injunction (remedies)
Prohibits/controls an activity
Case for injunction
Kennaway v Thompson
Damages (remedies)
- Awarded for physical damage (not personal injury)
- Awarded to reflect loss of business etc
Case for damages
Coventry v Lawrence
Abatement (remedies)
C can take care of nuisance themselves
