Private Nuisance

Question 1

A use of land which substantially interferes with the ordinary use and enjoyment of the neighbouring land, judged by the standards of the ordinary person

Answer 1

Fearn v Tate Gallery 2023

Question 2

A claimant will have a right to bring action if they have a legal interest in the land (right to bring an action)

Answer 2

Hunter v Canary Wharf

Question 3

D does not need to have an interest in the land at the time the nuisance occurs (right to bring an action)

Answer 3

Anthony v Coal Authority

Question 4

There must be a substantial interference in the form of physical damage (interference)

Answer 4

St Helen’s smelting

Question 5

There must be a substantial interference in the form of loss of amenity (interference)

Answer 5

Bone v Seal

Question 6

Is D making more than a common and ordinary use of land? (unlawful interference)

Answer 6

Sturges v Bridgeman

Question 7

Was the activity conveniently done? (unlawful interference)

Answer 7

Barr v Biffa Waste