private nuisance

Question 1

What is classed as a nuisance?

Answer 1

Any unlawful interefence with a persons use or enjoyment of their land such as noise, smell, smoke or physical damage

Question 2

Claimant and Defendant

Answer 2

Claimant is a person who has an intrest in the land and there use of land is being effected/interfered with
Defendant is the person who is allowing or causing the nuisance and doesnt need to have an intrest in the land

Question 3

5 factors to decide if the nuisance is unreasonable

Answer 3

• frequency
• location
  -sensitivity of c
• social benefit
• malice/motive

Question 4

Frequency

Answer 4

Must be at an unreasonable time of the day and continous for it to be classed as unreasonable ( Crown river cruises Ltd v Kimbolton Fireworks)

Question 5

Location

Answer 5

Character of the neighbourhood is looked at to see if its unreasonable eg. residential or industrial ( Sturges v Bridgeman)

Question 6

Malice/Motive

Answer 6

If the D deliberately does something to cause harm it is likely to be seen as unreasonable (Hollywood silver fox farm v Emmett)

Question 7

Social Benfit

Answer 7

If the nuisance is one for social benefit then the courts may consider it not actually being a nuisance (miller v jackson)

Question 8

Sensitivity of C

Answer 8

not reasonable to hold d liable if the c is sensitive, they will look at wether the interference is foreseeable (network rail infrastructure v morris)

Question 9

Defences Available

Answer 9

Presciption ( Sturges v Bridgeman)
Consent
Moving to nuisance ( Miller v Jackson)
Statutory Authority ( Allen v Gulf Oil Refining)
Planning Permision ( Wheeler v Saunders)

Question 10

Presciption

Answer 10

A right to commit a nuisance is acquired if it has been carried out openly, continously and without permision for 20 years to the c ( Sturges v Bridgeman)

Question 11

Consent

Answer 11

If the C has given consent to the nuisance they then cant complain about it later

Question 12

Moving to the nuisance

Answer 12

idea that if someone moves to an area where a nuiscane already exisits that they cant complain , this is not a defence in law ( Sturges v Bridgeman)

Question 13

Statutory Authority

Answer 13

If parliment authoriesed an activity any nuiscane arising from it may be deemed lawful ( Allen v Gulf oil refining)

Question 14

Planning Permision

Answer 14

Doesnt authorise a defence on its own but can affect if its a nuisance or not if it changes the characteristics of the locality ( wheeler v saunders)

Question 15

Remedies

Answer 15

Injunction
Damages
Abatement ( Lemmon v Webb)