Private/public nuisance

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  • Created by: Sahar
  • Created on: 04-02-15 15:12

Private nuisance

Balance the interest of both parties 

Claimant: owner or occupier of the land Delaware Mansions LTD or only owners Hunter v Canary wharf 

Defendant: creater of nuisance Thomas- strikers, authoriser of nuisance- Hunter c CW - know about nuisance and gave permission. Landlord can be liable if failed to deal with nuisance- Lippiat-camping. D does not need to own land Southport. Occupier can be liable for third party or previous occupiers 

1- Indirect interference with enjoyment of land- fumes (Bliss), noise (Hollywoodsilverfoxfarm), vibrations. There is no right to TV signal or a view 

2- Damage- physical damage to land or loss of amenity. Discomfort is sufficient but damage strengthens claim St Helen Smelting- acid rain. Causation applies (remoteness)

3- The interference was unreasonable 

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Private nuisance

1- Locality- Laws rural, urban

2- Duration- frequent is likely nuisance, but single can be nuisance if damage KimboltonFireworks 

3- Degree of interference Murdoch 

4- Sensitivity- fail if claimant or property abnormally sensitive Mckinnon -sensitive plants +normal plants 

5- social utility

6- malice- negative effect Christie v Davey- lesson 

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Defences & Remedies

1- Prescription; 20 years of same nuisance without claimant complaining, coming fresh to nuisance is actionable or new nuisance- Sturges v Bridgeman -doc came closer 

2- Statutory Authority Allen 

3- Volenti- claimant coming to the nuisance is content, has never succeeded Sturges 

Remedies:

1- Injunction- partial or full, mandatory- do something. Prohibitory- not to do something 

2- Damages Dennis

3- Abatement order 

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Public nuisance

Attorney General represents the people 

Not land based. An activity which interferes with a class of 'her majesty's subjects'- Attorney General v PYA Quarries 

special damage- a claimant who has suffered more damage than others -Benjamin v Storr- horse urine/shop 

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