Who is affected?
A class (group) of people are affected by a nuisance
PYA Quarries/ AGs Ref
30 people complained of noise from quarry. This qualified as a group of people.
Quote:
‘Something which materially affects the reasonable comfort and convenience of a class of her Majesties Subjects’
What is special about the claimant?
C suffers special damage over and above the other members of the group
Halsey
Oil refinery spilled oil. Other cars may have been affected but Cs car was the most damaged,
Defences for Public nuisance =
Remedies for public nuisance =
- Awarded damages is more likely, Coventry