Public Nuisance

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Definition: This is where ere is a group of people affected by the defendant's actions. The claimant is a member of that group and has suffered damage over and above that of the others in the group.

Two elements must be proven to have a successful claim of public nuisance. These are: 1) The nuisance as affected a class of people; 2) The claimant has suffered special damage.

Class of people:

There is no real definition as to what constitutes a group of people.

It is thought that more than 2 people would constitute a class of people.

It is not necessary to prove that all of the members suffered from the nuisance.

Examples of groups of people included: a) local communities; b) groups of individuals with a common interest; c) users of a public highway.

Special damage:

Claimant must have suffered damage that is over and above the damage of the other members of the group.

Three types of special damage: a) personal injury; b) damage to goods/property; c) financial loss.