Nuisance

Nuisance

1. Private

   • An unlawful interference with a persons use or enjoyment of land, in connection with it or some right over (Winfield)
   • In this case X is the claimant because they hold a proprietary interest since they hold an equitable title or legal interest because... (Tetley v Chitty)
   • In this case X is the defendant because they created a nuisance when... (Hunter v Canary Wharf)
   • There are three key elements: Unlawful use of land, Indirect Interference & Claimants Use & Enjoyment
     • Unlawful Use of Land - The courts use many factors in deciding whether the use of the land was unlawful/unreasonable 1) Continuity = Continuous state of events (Bolton v Stone) 2) Time of Day = Day/NIght 3) Sensitivity of Claimant = Reasonable man, objective test (Robinson v Kilvert) 4) Locality = (Sturges v Bridgman) LJ Theisger 'What would be a nuisance in Belgrave Square in Bermondsey' 5) Human Rights = Article 8 Human Rights Act, right to Private Family (Marcic v Thames Water) 6) Recreational Activities = (Hunter v Canary Wharf) 7) Malice = Malicious Intent (Christie v Davey) 8) Public Benefit = Balanced in Public Interest (Miller v Jackson)
     • Indirect Interference - There must be an indirect interference that something is being done on the defendant's land that directly effects the claimants use & enjoyment of land
     • Claimants Use & Enjoyment - There must be damage to prove that claimants use & enjoyment of land has been effected, there are two types of damage 1) Actual (Quantifiable) Damage to Property (St Helen's Smelting v Tipping) 2) Intangible (Unquantifiable) inconvenience or discomfort (Hunter v Canary Wharf)

2. Public

   • Which 'materially effects the reasonable comfort & convenience of a life of a class of her majesty's subjects' (Attorney General v PYA Quaries)
   • There are two parts in Public Nuisance - 1) Substantial Class of People 2) Special Damage Suffered by C
     • 1) Substantial Class of People - (Attorney General v PYA Quaries) There is/isn't a substantial class of people
     • 2) Special Damage Suffered by C - i) Personal Injury (Castle v St Augustine Links) ii) Damage to Goods (Halsey v Esso) iii) Financial Loss (Rose v Miles)