Public nuisance

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  • Created by: Melanie
  • Created on: 06-05-16 10:16

1. Must be a large enough class

How many?

Hunter - 500-600 people

Johnson - 13 women was enough because of a wide class.

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2. Must prove special damage

You have suffered a higher level of damage. Must not be minor

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Type of public interest

Obstruction of public highway

Non-dangerous.

AG v Gastonia - large quantity of dust.

Wandsworth - Pigeons under bridge walkway was less convenient for those using it.

Dangers on the public highway

Danger on adjoining property. E.g. Sign sticks out over footpath

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Defences and remedies

Defences

  • Statutory authority
  • Prescription

Remedies

Same as private nuisance:

  • Injunction.
  • Damages.
  • Abatement
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