What is a potential claimant and the case
‘Must have an interest in the land’ hunter v Canary Wharf & London DDC
Who are the three potential claimants with cases
- Creator of the nuisance (Thomas v national union of mineworkers), 2. The occupier (sedleigh-denfield v O’callaghan) 3. The owner (Tetley v chitty)
What is the definition of interference and the two cases that follow this
The interference must be indirect as opposed to direct interference, usually needs to be continuous, rather than a one-off (Leakey v national trust)(hunter v Canary Wharf)
What is the definition of damage with the case
Their is no requirement for physical damage to occur, discomfort or inconvenience will be sufficient (st Helen’s smelting co Ltd v tipping)
What is the definition of unreasonable and the case that follows
The interference caused by the defendant must be unreasonable for a claim to succeed, behaviour that goes beyond the ordinary reasonable (Southwark London borough council v mills)
What is the definition of unreasonable - abnormal sensitivity with the case that follows
The defendant will not be liable for damage which occurs due to the claiment abnormal sensitivity (Robinson v kilvert)
What is the definition of unreasonable (locality) with the cases that follow
The locality may effect the success of a claim, people who live in the country should expect certain sounds and smells in the same way someone who lives in the city also would (st. Helens smelting co. Ltd v tipping)(surges v bridgeman)
What is the definition of unreasonable (duration) with the case
The courts are more likely to consider a nuisance unreasonable if it lasts a long time or occurs during unsociable hours (crown river cruises Ltd v Kim Bolton fireworks Ltd)
What is the definition of unreasonable (malice) with the cases that follows
If a nuisance is caused for malicious reasons, the claim is more likely to succeed (Christie v Davey)(Hollywood silver fox farm Ltd v emmett)
What is the first defence for private nuisance and the case
Coming to the nuisance - not a defence - D may argue that the claiment is only suffering the nuisance as they moved closer to the alleged problem (miller v Jackson)
What is the second defence of private nuisance and the case
Prescription - if the action has been carried on for atleast 20 years or more and their has been no complaint between the parties in that time, D has prescriptive right to continue (sturges v bridgeman)
What is the third defence for private nuisance
And the case that follows
Statutory authority - includes activities permitted and regulated by acts of parliament and can provide a full defence (Allen v gulf oil refining) however if they are causing a nuisance then the court is unlikely to let his defence succeed
What is the fourth defence for private nuisance and the case
Public utility/ public benefit - not a defence -a claim in nuisance will not be prevented simply because the service it provides is useful to the public (Adam’s v ursell)
What are the two types of damages included in remedies and cases
Special damages - able to calculate exactly
General damages - injuries where it is difficult to give an exact price (hicks v South Yorkshire police)
What is an injunction and the case
Court orders to enforce or prohibit behaviour (Llandudno UDC v woods)
What are lump sums and structured settlements
A lump sum is an award of money paid out once usually for pain and suffering. Structured settlements are paid in periodically payments
