Private Nuisance

Question 1

Define Private Nuisance

Answer 1

An unlawful (unreasonable) interference with a persons use or enjoyment of land coming from neighbouring land

Question 2

What 3 things need to proven

Answer 2

1. Interference with the use or enjoyment of land
2. Damage to the claimant that was foreseeable
3. The interference is unlawful unreasonable

Question 3

1. Interference with the use or enjoyment of land Hunter v Canary Wharf

Answer 3

Blocking TV reception. Their use was interfered

Question 4

2. Damage to the claimant that was foreseeable

Answer 4

Causation and was reasonably foreseeable.
Often indirect,noise,smells but can alsobe physical

Question 5

2. Damage to the claimant that was foreseeable Sturges v Bridgeman

Answer 5

Noise and Vibrations

Question 6

2. Damage to the claimant that was foreseeable ST Helens Smelting v Tipping

Answer 6

Smoke and fumes

Question 7

2. Damage to the claimant that was foreseeable Bliss v Hall

Answer 7

Smells

Question 8

2. Damage to the claimant that was foreseeable Halsey v Esso Petroleum

Answer 8

Smells and physical damage

Question 9

6 factors to determine unreasonableness

Answer 9

1. Sensitivity
2. Locality
3. Locality/Planning Permission
4. Duration
5. Time
6. Malice

Question 10

1. Sensitivity Robinson v Klivert

Answer 10

Delicate brown paper dried out, overly sensitive

Question 11

1. Sensitivity contrast Mckinnon Industries v Walker

Answer 11

Sensitive orchids were damaged by fumes and gas- normal enjoyment was infringed

Question 12

2. Locality Sturges v Bridgeman

Answer 12

Stated a nuisance in Belgrave square nice houses would be
but Bermondsey area of industry not be

Question 13

2. Locality St Helens Smelting co v Tipping

Answer 13

Industrial area, damaged by copper fumes. However physical damage cannot be involved for locality

Question 14

2. Locality Murdock v Glacier Metal Co

Answer 14

Droning noise from factory prevented someone from sleeping. Not a nuisance as the house was near a bypass and no one else complained

Question 15

3. Locality/Planning Permission Gillingham BC v Medway

Answer 15

Planning permission- create commercial port

Question 16

3. Locality/Planning Permission Wheeler v Saunders

Answer 16

Pig farmer, expanded two more pig houses, smelly. Did not change nature of the neighbourhood, liable despite planning permission

Question 17

4. Duration De Keysers Royal Hotel v Spicer Bros

Answer 17

Injunction granted to prevent building work even though it was tempory

Question 18

4. Duration Crown River Cruises v Kimbolton Fireworks

Answer 18

20 minutes of fireworks would not be nuisance

Question 19

5. Time

Answer 19

2am more likely than 2PM

Question 20

6. Malice Christie v Davey

Answer 20

Music teacher, teaching in his house, d deliberately banged trays to get him back

Question 21

Who can be sued

Answer 21

1. Creator of the nuisance
2. Occupier of the land
3. Owner of the land
   Tetley v Chitty- local authority put go kart on land

Question 22

Not a defence

Answer 22

1. Who was there first
2. Care and skill
3. Public benefit

Question 23

Defence

Answer 23

Prescription

Question 24

Remedies

Answer 24

1. Abatement- self fixing
2. Damages
3. Injunctions- prohibitory and mandatory