Public nuisance

Question 1

Is public nuisance a crime or tort?

Answer 1

Both! It is a crime but occasionally can be tort where the harm suffered is by a section of the community as a whole

Question 2

What is the most common public nuisance?

Answer 2

obstruction of her majesty’s highways (highways legislation)

Question 3

What is the definition of public nuisance?

Answer 3

‘…acts or omissions of the defendant that materially affect the reasonable comfort and convenience of life of a class of Her Majesty’s subjects.’ (Attorney General v PYA Quarries)

Question 4

Who can sue in public nuisance? And what circumstances?

Answer 4

1. An individual.
   - very limited circumstances.
   - they must be able to show that they have suffered ‘special damage’ (Ricket v Metropolitan Railway).
   - Special damage means that the claimant has suffered over and above the rest of the class (and that there is, therefore, a class in the first place) or in a way that is different in kind from that suffered by the rest of the class.
   - DO NOT NEED to have an interest in the land affected
2. A Local Authority.
   - A local authority can sue on its own behalf and in its own name
3. The Attorney General.
   - where a class of people are affected by the public nuisance and no individual action is possible or forthcoming, the Attorney General may bring the claim

Question 5

Who can be sued in public nuisance?

Answer 5

• the creator of the nuisance (Thomas v NUM)

- any person who is ‘responsible’ for the nuisance (e.g. an owner/occupier) may be sued.

Question 6

What are the elements of public nuisance?

Answer 6

1. Act or omission
2. One-off event
   - this is UNLIKE private nuisance
3. Class of Her Majesty’s subjects
   - no exact number
   - It is not necessary to prove that every member of the class has been injuriously affected, just that a representative cross-section of the class has been affected (AG v PYA Quarries).
4. Materially affects comfort and convenience (The Loss)
   - Property damage and CEL is recoverable (Halsey v Esso Petroleum)
   - damages forpersonal injurycan also be recovered (Corby Group Litigation v Corby Borough Council)
   - PEL can be recovered (Rose v Miles)
   - can also claim for inconvenience (Walsh) annoyance/ irritation will be sufficient (must be material)

Question 7

What defences are available? (Public nuisance)

Answer 7

1. Statutory authority
2. Consent
3. Contributory negligence
4. Act of third party; and
5. Act of God.

Question 8

What remedies are available? (Public nuisance)

Answer 8

• Injunctions and/or damages are available.
• Note that if the claim is brought by the local authority or Attorney General, the only remedy available is an injunction.