Private and Public Nuisance

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Private nuisance

- activity which interferes with C's right to use their property in a reasonable way

Claimant: legal interest in land affected - Hunter v Canary Wharf

Defendant: creator of nuisance

- Tetley v Chitty/Sedleigh - Denfield

Loss of amenity / physical damage

Is it unlawful?

1. Locality - Halsey v Esso

2. Duration - Crown River Cruises

3. Degree - Murdoch v Glacier

4. Sensitive use - Bridlington Relay

5. Malice - Hollywood Silver Fox Farm

6. Benefits of the interference - Dennis v Ministry of defence

- decide if activity is unlawful

Remedies

- Injunction - Dennis

- Damages

Defences

- Statutory authority - Allen v Gulf Oil

- Prescription

It is not a defence to say that D was there first - Sturges v Bridgeman

Public Nuisance

- interference with right shared by class of people - Orange

- class of people - 30 people is a class - A.G v PYA Quarries

- not groups of individuals - R v Madden

Share right - common injury - R v Rimmington

- balance the interests of both parties - Lyons v Gulliver

Pure economic loss can be claimed - Rose v Miles

Action:

- criminal claim, prosecuted by CPS

- A-G seek injunction on behalf of class

- individual civil claim - a loss over and above the rest of class - Tate + Lyle

Damages - injunction