Tort · Private Nuisance

Thursday, 19 December 2019 — week 16

③ Elements
ⓒ A nuisance can be wither tangible or

Private Nuisance Elements of Private Nuisance

intangible?

ⓓ When does an activity Tangible Intangible

ⓐ Who can sue?
① Type of Nuisance
constitute nuisance?
Sedleigh Denfield (water) Hollywood Silver Fox
Nuisance ⓔ What is unreasonable →Facts
Farm v Emmett (malice)
ⓑ Who can be sued?
interference? ∴ Held
→Facts

Public ✩ Private Nuisance ✩ ∴ Held

ⓒ A nuisance can be Davvey v Harrow (roots

Damage Focuses more on the wither tangible or ⓕ Defences on your land growing into Christie v Davey (noise)
suffered
unreasonableness
intangible? neighbour’s land) →Facts

&
of the interference w →Facts
∴ Held

interference C’s use/enjoyment

Remedies ∴ Held
was unlawful of land Wheeler v JJ Saunders
(smell)
ⓐ Who can sue?
→Facts

② Aim
∴ Held
- A person with interest in the land (propreitary
Strike a balance between the rights of:
interest in the land)
ⓓ When does an activity constitute nuisance?

occupiers to use their neighbours not

three property as & to have their use of Hunter v Canary Wharf

they choose land interfered with →Facts

Sensible Personal
Material Injury
∴ Held
Discomfort
a rule of give and take, live and let live Does it cause a material injury

ⓑ Who can be sued?

or
sensible personal discomfort?

The creator of - Interference which causes actual physical damage

The occupier The landlord
the nuisance is more likely to be unreasonable

- than which causes discomfort or inconvenience

Thomas v Landlord
National Union authorised the St Helen’s Smelting Co

of Mineworkers
nuisance
→Facts

→Facts
∴ Held

∴ Held
Lippiatt

→Facts

∴ Held

Hussain

→Facts

∴ Held

1
 Tort · Private Nuisance

ⓔ What is unreasonable interference?

ⓕ Defences
Remedies

Factors determining reasonable use of land Defences for Private Nuisance

Remedies for Private Nuisance
Locality/and · Coming to the nuisance · Public Benefit
Malice Duration planning Injunctions

permission · Prescription · Statutory Authority

Damages
Kennaway v Thompson

Christie v Davey · Frequency of Sturges v · Hypersensitive Activities

(monetary compensation) →Facts

→Facts
interference
Bridgman ∴ Held

∴ Held →Facts
Robinson v Kilvert

· Magnitude of ∴ Held
→Facts

each ∴ Held
Damages instead of Abatement

interference
Gillingham injunctions (Self-help)
Council v c/f

· Likelihood of Medway Dock McKinnon Industries v

future injuries
Co (planning Walker

permission) →Facts

Crown River →Facts

∴ Held

Cruise v ∴ Held

Kimbolton
Fireworks c/f

→Facts
Wheeler v JJ
∴ Held Saunders

→Facts

∴ Held