Private Nuisance
- Created by: alexstrapps
- Created on: 14-05-19 11:57
View mindmap
- Private nuisance
- definition
- 'unlawful interference with a person's use or enjoyment of land'
- must be indirect, otherwise it's tresspass
- focus is on reasonableness of interference not if d took reasonable care
- Cambridge water v eastern counties leather 1994
- 1; an unreasonable use of land
- locality
- is nuisance reasonable for that type of area
- Leeman v Montague 1936
- St Helens Smelting v Tipping 1865
- duration
- the longer it goes on the more likely it is to be a nuisance
- De Keyser royal hotel v Spicer Bros 1914
- crown river cruises v Kimbolton fireworks 1996
- seriousness
- differentiate between inconvenience and extreme/ excessive
- Leeman v Montague 1936
- abnormal sensitivity is ignored
- Heath v Mayor of Brighton 1908
- motive and malice
- where d is motivated by malice, d cannot argue c is unusually sensitive
- Christie v Davey 1893
- locality
- 2; leading to an indirect interference
- eg fumes, loud noises vibrations, pollution
- Leeman v Montague 1936
- 3; with the claimants use or enjoyment of land
- Leeman v Montague 1936
- St Helens Smelting v Tipping 1865
- not allowed for recreational activities
- Hunter v Canary Wharf 1997
- defences
- statutory authority
- Hammersmithand city railway v Brand 1869
- Planning permission
- Gillingham 1993
- Prescription (tolerated for 20+ years)
- Sturges v Bridgman 1879
- Coventry v Lawrence 2014
- consent
- Kiddle v City Business 1942
- coming to the nuisance is not a defence
- Lawrence v Fen tigers 2014
- Miller v Jackson 1977
- statutory authority
- remedies
- damages
- Wagon mound no1
- Miller v Jackson 1977
- injunctions
- kennaway v Thompson 1981
- Miller v Jackson 1977
- abatement
- Lemmon v Webb 1894
- damages
- definition
Comments
No comments have yet been made