Tort law: Public Nuisance

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What is the main statute regarding this area?
The Environmental Protection Act 1990 (EPA)
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What is the leading case?
AG v PYA Quarries 1957
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Is public nuisance civil or criminal?
Can be argued as both
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What happened in AG v PYA Quarries 1957?
Mining caused noise vibrations dust and explosions, created nuisance for people nearby: it was a public nuisance because it affected so many people
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What judge made a comment in this case and what did he say?
Lord Denning: a nuisance which is so widespread in its range or indiscriminate in its effect that it would not be reasonable to expect one person to take proceedings on his own responsibility of the community at large
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What did another judge say in this case?
Romer LJ: any nuisance is a public nuisance if it materially affects the comfort and convenience of a life of a class of her Majesty's subjects
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What is a case regarding special damage?
Rose v Miles 1815
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What happened?
The defendant blocked canal; goods couldn't get past. claiming private instead of public; have to prove you are more directly affected than anybody else - you in particular (SPECIAL DAMAGE)
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What is the leading case on public nuisance as a crime?
R v Rimmington 2005
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What happened?
Salt in letter box joke, evacuation Royal Mail, stated that it is inappropriate to charge common law offence if statutory option is available
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Other cards in this set

Card 2

Front

What is the leading case?

Back

AG v PYA Quarries 1957

Card 3

Front

Is public nuisance civil or criminal?

Back

Preview of the front of card 3

Card 4

Front

What happened in AG v PYA Quarries 1957?

Back

Preview of the front of card 4

Card 5

Front

What judge made a comment in this case and what did he say?

Back

Preview of the front of card 5
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