Tort of Nuisance
- Created by: Tomek123
- Created on: 26-02-21 11:00
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- Nuisance
- Private
- Who can sue?
- Must be the owner of the land (Hunter v Canary Wharf)
- Exception= Khorosandjan v Bush; McKenna v British Aluminium
- Must be the owner of the land (Hunter v Canary Wharf)
- Who can be sued?
- Controller of hazard (Jones v Portsmouth CC)
- Occupier
- Controller
- Creator
- Damage
- Property damage = DL
- St Helen's Smelting Co v Tipping
- Discomfort =D not liable
- St Helen's Smelting Co v Tipping
- Property damage = DL
- Interferance
- Noise: Christie v Davy
- Emotional distress: Thomas v Costaki
- Flooding: Sedleigh v O'Callaghan
- Not things of delight: Hunter v Canary Wharf
- Smell: Wheeler v JJ Sanders
- 'It must be practical to stop it occurring as well': Leakey v National Trust
- Unreasonable
- Sensitivity: If C abnormally sensitive D = NL (Robinson v Kilvert)
- But if ordinary enjoyment affected = DL (McKinnon v Walker)
- Locality; If character of neighbourhood has changed D = NL (Gillingham BC v Medway)
- Depends on if more C's or D's (Sturges v Bridgman)
- Duration: Longer the nuisance more likely to be unreasonable (Crown Water v Kimbolton)
- Malice: (Christie v Davey; Hollywood Silver Fox v Emmett)
- If land used unreasonably + damage RF = D liable (Cambridge Water v Leather)
- Sensitivity: If C abnormally sensitive D = NL (Robinson v Kilvert)
- Defences
- Coming into the nuisance
- Prescription (Sturges v Bridgman)
- Statutory authority
- Alternate dispute resolution (Marcic v Thames)
- Who can sue?
- Public nuisance
- Any nuisance which materially affects reasonable comfort of a class pf HM's subjects
- AG v PYA quarries
- Private
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