58 Questions
What is the primary difference between the tort of nuisance and the law of trespass?
Trespass deals with direct interference, while nuisance deals with indirect interference.
What is the burden of proof in a nuisance claim?
The claimant must show lack of reasonable care.
What is the key difference between public and private nuisance?
Public nuisance does not require an interest in land, while private nuisance does.
What is the test for determining the defendant's duty of care in nuisance?
The defendant's individual circumstances.
What is the definition of nuisance given in Bamford v Turnley (1862)?
Any continuous activity or state of affairs causing a substantial and unreasonable interference with a plaintiff's land or use of that land.
What is the key element that the claimant must prove in a private nuisance claim?
That the defendant's actions were unlawful.
What is the test for determining whether an interference is unlawful in private nuisance?
The four factors of abnormal sensitivity, locality, time, and defendant's conduct.
What is the definition of unlawful interference given in Sedleigh-Denfield v O'Callaghan (1940)?
An inconvenience materially interfering with the ordinary comfort of human existence.
What is the key difference between the elements of proof in trespass and private nuisance?
Private nuisance requires proof of damage, while trespass does not.
What is the relationship between the common law of nuisance and statutory controls?
The common law of nuisance has co-existed with statutory controls since the 19th century.
In what case did the court hold that malice is irrelevant in determining liability for nuisance?
Bradford Corporation v Pickles (1895)
What is the significance of Christie v Davey (1893) in relation to malice in nuisance?
It indicated that malice can be relevant in certain circumstances, particularly when seeking damages.
In what case did the court hold that a landowner owes a measured duty of care to prevent natural occurrences on their land from causing damage to neighboring properties?
Vernon Knight Associates v Cornwall County Council (2013)
What is the significance of Cambridge Water Co v Eastern Counties Leather plc (1994) in relation to nuisance?
It relied on The Wagon Mound (No 1) to hold that at the time of contamination, damage had not been foreseen.
In what case did the court hold that an occupier may be liable for a nuisance caused by a natural occurrence on their land if they are aware of it and fail to take reasonable steps to abate it?
Goldman v Hargrave (1967)
What is the significance of Bradford Corporation v Pickles (1895) in relation to malice in nuisance?
It indicated that motive is irrelevant in determining liability for nuisance.
In what case did the court follow the decision in Christie v Davey (1893) and grant an injunction because of the defendant's motive?
Hollywood Silver Fox Farm v Emmett (1966)
What is the significance of Vernon Knight Associates v Cornwall County Council (2013) in relation to nuisance?
It revised the measured duty of care owed by landowners in relation to natural occurrences on their land.
What is the role of fault in determining liability for nuisance when seeking an injunction?
Fault is not important when seeking an injunction.
In what case did the court hold that a defendant's conduct can be relevant in determining liability for nuisance, but only in certain circumstances?
Christie v Davey (1893)
What is the principle that guides the common law in relation to a statutory scheme covering similar subject matter?
There is no principle that the common law should 'march with' a statutory scheme.
What is the basis for using a statutory scheme to cut down private law rights?
Express or implied statutory authority to commit a nuisance.
What is the significance of abnormal sensitivity in determining liability for a nuisance?
It is an factor that can be held against the claimant.
In Robinson v Kilvert (1889), what was the outcome of the case?
The defendant was held not liable for damaging the plaintiff's brown paper.
In Bridlington Relay Co v Yorkshire Electricity Board (1965), what was the outcome of the case?
The defendant was held not liable for interfering with recreational television viewing.
In Network Rail Infrastructure Limited v Morris (2004), what was the outcome of the case?
The defendant was held not liable for magnetic waves that affected recording studios.
What was the outcome of the Wheeler v JJ Saunders Ltd case in 1996?
The defendants were held liable for the smell
According to Lord Neuberger in Coventry v Lawrence, what is the role of a planning authority?
To balance competing interests in the overall public interest
What is the significance of the nature of the locality in determining liability for a nuisance?
It is irrelevant in cases where the interference causes physical damage to the property.
What is the general requirement for a private nuisance claim?
An ongoing state of affairs
In St Helen's Smelting Co v Tipping (1865), what was the outcome of the case?
The defendant was held liable for causing damage to the plaintiff's property.
What is the difference between nuisances causing damage to property and those causing personal discomfort?
The nature of the locality is only relevant in cases where the interference causes physical damage to the property.
In Halsey v Esso, what was the factor that determined the reasonableness of the activity?
The time of day
What is the effect of planning permission on liability for a nuisance?
Planning permission may provide a defence against liability for a nuisance in certain circumstances.
What was the outcome of the De Keyser's Royal Hotel v Spicer case in 1914?
An injunction was granted to stop the piledriving at night
What is the key takeaway from the Wheeler v JJ Saunders Ltd case and Coventry v Lawrence?
Planning permission never grants immunity from nuisance claims
What is the primary characteristic of public nuisance?
A crime
What is the interest protected by public nuisance?
The interest of the wider public
What is the definition of public nuisance given by Romer LJ in Attorney General v PYA Quarries Ltd (1957)?
An act or omission that materially affects the reasonable comfort and convenience of life of a class of Her Majesty's subjects
What is the remedy for personal injury in a case of public nuisance?
Damages
What is the additional requirement proposed for public nuisance in the 2015 Report on the Simplification of the Criminal Law?
The defendant must have intended to cause, or been reckless about causing, a nuisance to the public
Who can bring an action in a case of public nuisance?
The Attorney General or an individual member of the class who has suffered particular damage
What is a key factor in determining whether a defendant's pre-existing activity gives rise to a nuisance?
The activity's impact on the senses of those on the claimant's land
In Miller v Jackson, what was the court's decision regarding the nuisance claim?
The claim was rejected due to the defendant's pre-existing activity
What is the primary remedy for a nuisance claim?
Injunction to force the defendant to cease or limit the nuisance
In what circumstances may damages be awarded in lieu of an injunction?
In limited circumstances, at the court's discretion
What is the correct approach to calculating damages for nuisance?
Awarding damages only for losses that are reasonably foreseeable
What is the outcome of the Network Rail Infrastructure v Williams and Waistell (2018) case?
Pure economic loss in value does not constitute actionable damage in private nuisance
In the case of Marcic v Thames Water Utilities Ltd (2004), what was the initial decision of the trial judge regarding the breach of statutory duty?
The trial judge held there was no breach of statutory duty.
Who is not liable for nuisance according to the rule established in the case of Wringe v Cohen (1940)?
Landlords if the nuisance is caused by a trespasser
What is the principle established in the case of Hunter v Canary Wharf (1997)?
The principle of balance between opposing interests
In the case of Khorasandjian v Bush (1993), what was the basis for the plaintiff's entitlement to an injunction?
The plaintiff's occupation of the property as 'home'
What is the defence of twenty years' prescription based on?
The cases of Sturges v Bridgman (1879) and Miller v Jackson (1977)
What is the condition for statutory authority to be a valid defence?
The statute must be intra vires
Who is liable for noise coming from a go-kart circuit built on their land?
The local authority who granted permission
What is the requirement for a plaintiff to sue for nuisance?
The plaintiff must have a proprietary interest in the property
What is the outcome of the case of McKenna v British Aluminium Limited (2002) regarding nuisance?
The requirement to have a proprietary interest in land is open to challenge as incompatible with the HRA 1998
What is the principle established in the case of Southport Corporation v Esso Petroleum (1956) regarding nuisance?
The creator of the nuisance can always be sued
Study Notes
Private Nuisance
- Definition: Unlawful interference with a person's use or enjoyment of land, or some right over land
- Burden: Claimant must show lack of reasonable care (similar to negligence)
- Key elements:
- Damage has been suffered (different from trespass)
- Interference was unlawful (must be unreasonable)
- Unlawful interference:
- Abnormal sensitivity of the claimant
- Nature of locality (industrial area, etc.)
- Time and duration of the interference
- Defendant's conduct, considering the circumstances (malice is looked at)
- Defendant's conduct:
- Malice is irrelevant most of the time
- But malice can be relevant in certain circumstances
- Occupiers:
- Liable if aware of nuisance and fail to take reasonable care
- Owe a measured duty of care in natural occurrences
Remedies
- Injunction: Primary remedy, aim is to force defendant to cease or limit nuisance
- Damages: For loss of amenity, depreciation of land value
- Abatement: Discouraged by courts, claimant takes steps to stop the nuisance
Important Factors
- Abnormal sensitivity: Claimant's health or property may be abnormally sensitive or prone to damage
- Context: Nature of the locality does not apply in cases where interference causes physical damage to property
- Planning permission: Not a defence to a nuisance claim, but may be a factor in balancing competing interests
Who can Sue
- Damage to the property is usually the key
- Who has legal interest in the property?
- Occupier or landlord may be liable, depending on the circumstances
Defences
- Twenty years' prescription
- Statutory authority (only if intra vires)### Public Nuisance
- Primarily a crime, similar to private nuisance, but protects the interest of the wider public
- Interferes with the use or enjoyment of land, and is considered an indirect interference
- Rules on who can sue and be sued are the same as private nuisance
- Requires interference to be unreasonable
- Defined by Romer LJ in Attorney General v PYA Quarries Ltd (1957) as an act or omission that "materially affects the reasonable comfort and convenience of life of a class of Her Majesty's subjects"
- Examples: droppings from feral pigeons (Wandsworth London Borough Council v Railtrack plc, 2001), sex shop (Laws v Florinplace, 1981)
Remedies
- Personal injury: damages are recoverable
- Personal injuries are distinct from interference with use or enjoyment of land (Hunter)
- Examples: Castle v St Augustine's Links (1922), Corby Group Litigation v Corby BC (2008)
Defences
- Same as private nuisance, except for the 20 years' prescription defence
- Proposed reforms (2015 Report on the Simplification of the Criminal Law) include replacing public nuisance with a statutory offence requiring intent or recklessness
Who Can Sue
- The Attorney General can bring a relator action
- An individual member of the affected class can bring an action if they suffered particular damage over and above the damage sustained by the public generally
Test your understanding of the tort of nuisance, including indirect interference with land use, private and public nuisance, and the burden of proof. Learn about the differences between nuisance and trespass, and how to recover damages for personal injury.
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