Public nuisance

Question 1

What is public nuisance?

Answer 1

An act or omission of D that materially affect reasonable comfort and convenience of life of a class
* it’s a crime and may also be a tort where harm suffered is by section of community or community as a whole
* examplea are: pollution or public health mesures

Question 2

Who can sue in public nuisance?

Answer 2

1. An individual: need not have an interest in land affected - can only sue in limited circumstances - must be shown they suffered special damage over and above rest of class
2. A local authority
3. Attorney General

Question 3

Who can be sued in public nuisance?

Answer 3

Creator of nuisance or any person who is responsible for nuisance may be sued

Question 4

What are the elements of public nuisance?

Answer 4

• Acts or omission: where omission, better to sue in public nuisance than negligence
• one off event or continuous
• class of His Majesty’s subject
• class must have suffered a ‘common injury’ so have been affected at more or less the same time and in the same location.
• materially affects comfort and covenience

Question 5

What damages are available which materially affect comfort and convenience?

Answer 5

• Property damage
• consequential economic loss
• damage for personal injury, unlike private nuisance, can be recovered
• pure economic loss
• can claim for inconvenience but it must be material - no need for there to be actual damage (annoyance will be sufficient)
• type of loss must be reasonably forseeable

Question 6

What are the defences and remedies available?

Answer 6

• Same defences apply as for private nuisance except prescription - main defence in public nuisance is statutory authority
• Remedies can either be injunctions and/or damages - if claim brought by AG, can only be injunction