Private Nuisance

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  • Created by: Melanie
  • Created on: 06-05-16 09:50

Duration and frequency

How long does the interference last? Must be continous

Crown river cruises - temporary event allowed to succeed.

AH Hunt - One instance, doesnt have to wait for another insance to claim.

De Keyser - Even though temporary, if substantial enough, can claim.

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Not relevent to damage to property, only the enjoyment.

'What would be a nuisance in Belgrave Square would not nessesarily be so in Bermondsy'.

Sturges v Bridgeman - Doctor working from home. Vibrations did amount to private nuisance.

Blackburn v ARC - filled hole with waste, breach conditions of permit. Could claim damages.

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Utility / public benefit

E.g. Sewage treatment works.

Dennis v MOD - Royal airforce base next to home. Could claim damages but not injunction as it was a public benefit.

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Abnormal sensitivity

Robinson v Kilvert - heat damaged paper. This paper was unusal paper.

McKinnon - Sensitive plants damaged. Even if they werent sensitive, the gas would have damaged them anywhere = successful.

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Christie v Davey - Music teacher. Neighbour retaliated by disturbing the lessons.

Silver Fox Farms v Emmett - Deliberatly shot gun during breeding season. Knew the mothers would eat the children if distressed.

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State of D's land

Poses a threat, must do what is reasonable to solve the problem..

Holbeck Hall - council knew of some small landslides but none as big as this. They were not liable for this.

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Efforts to minimise the interference

Court will take this into account.

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Who can sue?

Must have an interest in the land.

Malone v Laskey - must have an interest.

Bush - Someone who wasnt a tenant could sue.

Hunter v Canary Wharf - Do need an interest (current law).

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Who can be sued?

  • Whoever caused the interference.
  • Whoever authorised the nuisance - Tetley v Chitty
  • Owner adopts the nuisance - Goldman
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  • Prescription - Sturges v Bridgeman - 20 years continuous user.
  • Statutory authority - Allen, enabling construction of oil refinery.
  • Planning permission - If stick to conditions, will be found as actin reasonably. Gillingham v Medway - Converted dock into port. No nuisance.

Ineffective defences

  • Claimant comes to the nuisance.
  • Public benefit
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Abatement - Self help. E.g overhanging branches, cut them down yourself.

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