What is the definition of Private Nuisance ?
“An unlawful interference, with a persons use or enjoyment of land, or some right over, or in connection with it.”
What is the 4-part test to establish liability for Private Nuisance ?
- Parties to an action.
- Unreasonable, use of land, which is deemed unlawful.
- Leading to an indirect interference …
- With the claimants, use or enjoyment of the land.
What is the first test to establish liability for Private Nuisance ?
Parties to an action
What established under “Parties to an action” ?
- Claimant
- Defendant
What two elements must be proven, to establish a claimant ?
- Claimant must have an interest in the land (owner or tenant)
- Their use or enjoyments of the land affected by the interference.
-(Hunter v Canary Wharf)
What two elements must be proven, to establish a defendant ?
- Defendant is the person who is causing or allowing the nuisance (Sedleigh Denfield v O’Callaghan)
- Defendant does not need to have an interest in the land (a member of the owner’s family will suffice) (Tetley v Chitty)
What is the second test to establish liability for Private Nuisance ?
“An unreasonable use of the land that it is deemed unlawful”
What is meant by the test, “An unreasonable use of the land that it is deemed unlawful” ?
To judge whether it is reasonable for C to have to suffer the particular interference (Hunter v Canary Wharf)
What are the six factors to be considered, when considering “An unreasonable use of the land that it is deemed unlawful” ?
(include cases)
-Locality (Sturges v Bridgman)
-Duration (Crown River Cruises Ltd v Kimbolton Fireworks Ltd)
-Sensitivity (Network Rail Infrastructure v Morris).
-Malice (Hollywood Silver Fox Farm v Emmet)
-Social benefit (Miller v Jackson)
-Nature of the activity
What is meant by “locality”, when considering “An unreasonable use of the land that it is deemed unlawful” ?
The character of the neighbourhood in which the interference is taking place.
What is meant by “duration”, when considering “An unreasonable use of the land that it is deemed unlawful” ?
When, and for how long the interference takes place. (usually needs to be continuous and at unreasonable times of the day)
What is meant by “sensitivity of claimant”, when considering “An unreasonable use of the land that it is deemed unlawful” ?
It is not reasonable for the defendant to be liable if the claimant is particularly sensitive, the courts will now look at the “foreseeability” of the interference
What is meant by “malice”, when considering “An unreasonable use of the land that it is deemed unlawful” ?
A deliberately harmful act will normally be considered as unreasonable behaviour
What is meant by “social benefit”, when considering “An unreasonable use of the land that it is deemed unlawful” ?
If it is considered that the defendant is providing a benefit to the community, the courts may consider the actions reasonable
What is meant by “nature of the activity”, when considering “An unreasonable use of the land that it is deemed unlawful” ?
If the activity carries a significant danger, it may increase the likelihood of it being deemed unreasonable.
What is the third test to establish liability for Private Nuisance ?
“Leading to an indirect interference…”
What is meant by an “indirect interference” ?
The defendant is not directly interfering with the land themselves (noise on one piece of land which affects the people living next door, for example).
What are the three ways in which indirect interference, may be proven ?
- Loss of Amenity
- Physical damage
- Encroachment onto claimant’s land
What is the fourth test to establish liability, for Private Nuisance ?
“With the claimants use or enjoyment of the land”
What is defined under “With the claimants use or enjoyment of the land” ?
Claimants use or enjoyment of their land has been interfered with, here its not sufficient to prove that the claimant themselves has been inconvenienced but rather their use of the land.
What are some examples, that would suffice under the test “With the claimants use or enjoyment of the land” ?
-Noise
-Smells
-Dust
-Vibrations
-Lowering house prices
What are some examples, that wouldn’t suffice under the test “With the claimants use or enjoyment of the land” ?
-Loss of TV signal
-Loss of light
-Loss of the right to views
What are the four defences available, for Private Nuisance claims ? (include cases)
- Statutory authority (Allen v Gulf Oil Refining)
- Prescription (Sturges v Bridgeman)
- Planning permission (Coventry v Lawrence)
- Consent
