Private Nuisance

Seite 1

Private nuisance is the unreasonable use of land resulting in an unreasonable interference with the C's use and enjoyment of the land.

The court will try to balance the interests of the parties.

Does the C have a legal interest in the land affected (Hunter V Canary Wharf)

Is the D the creator of the nuisance (Jones V Portsmouth)

Was the interference unlawful?

Is the impact so unreasonable that the C should not have to put up with it. Court will consider 5 factors

Locality (Halsey V Esso)

duration (Spicer V Smee)

Sensitivity (Bridlington Relay V Yorkshire Electricity)

Social Utility (Miller V Jackson)

Malice on the part of the D (Christine V Davey)

Foreseeable ( Ester Counties) Remoteness (The Wagon Mound)

Defences - Statutory authority (Allen V Gulf Oil), Prescription (Sturges V Bridgman), Moving to the nuisance isn't a defence (Sturges V Bridgman).

Damages -abatement (self help), injunction, consequential damage to land plants building or goods