private nuisance

Question 1

what case stated D must have proprietary interest

Answer 1

hunter v cw

Question 2

what is private nuisance defined as

Answer 2

“an unlawful and indirect interference with a person’s use or enjoyment of land or some right over or in connection with it”

Question 3

what case said there can be minor physical damage

Answer 3

St helens smelting v tipping

Question 4

what are the 6 competing interests of C and D the court will consider

Answer 4

1. locality
2. social use
3. duration
4. time
5. malice
6. sensitive use

Question 5

what 2 cases consider locality

Answer 5

sturges v bridgeman

laws v florinplace- sex shop

Question 6

what did thesiger LJ say in sturges v birsgeman concerning the character of the area

Answer 6

what would be a nuisance in Belgrave Square would not necessarily be in Bermondsey

Question 7

what 2 cases considered social use

Answer 7

• Miller v Jackson- cricket club was socially useful

* Adams v Ursell- chippy was not

Question 8

what 2 cases considered duration

Answer 8

• Tetley v Chitty- must be regular and ongoing as with go-karts
• Kimbolton v Crown River Cruises- although one-off can be if damage occurs as with 20 minute firework display

Question 9

what case considered the time of the nuisance

Answer 9

• De Keyser’s Hotel v Spicer Bros- unreasonable time as builders work disturbed guests sleep

Question 10

what 2 cases did malice and motive apply for

Answer 10

• Hollywood Silver Fox Farm v Emmett- farmer fired gun to disturb mating livestock
• Christie v Davey- banging trays in response to piano playing

Question 11

what 2 cases where considered too sensitive a use

Answer 11

• Robinson v Kilvert- making delicate brown paper was too sensitive
• Bridlington Relay ltd v YEB- TV signal reception was too sensitive

Question 12

what are the 5 defences to nuisance

Answer 12

o Prescription- 20 yrs without complaint (when moved in)- Sturges v Bridgeman
o Act of a stranger- out of control- Perry v Kendricks
o Social Use- Miller v Jackson
o Planning permission doesn’t give permission to do what you want- Gillingham
obligation under statutory authority

Question 13

what are the remedies to a successful claim under nuisance

Answer 13

prohibitory injunction
partial injunction
damages in lieu

Question 14

what case was a partial injunction imposed

Answer 14

Kennaway v Thompson- leisure activities on lake limited

Question 15

what 2 cases where damages in lieu given

Answer 15

unfair to grant injunction so compensation given- Miller v Jackson, Hatton v UK (national importance pilots testing)