Flashcards
Revision - Nuisance
Flashcards do conjunto (28)
- 1How should you approach a problem question (6)?Private or public?
Does claimant have interest to bring it?
What interference?
How to determine if interference unlawful?
Of what relevance is locality?
Defences.
Remedies. - 2Private nuisance is focused on __?An individual actor and is not a criminal offence.
- 3Dillone LJ in MaloneWould be ridiculous if harassing calls to a person could only be actionable if the recipient has a freehold or a leasehold in the property.
- 4ArscottFreeholder of land.
- 5TranscoProprietary interest in an easement.
- 6Hunter v Canary WharfInterference from Canary Wharf on TV reception.
Court has to determine which group members had the proprietary interest.
Held that whether you own the property is not deciding factor. - 7Olympic DeliveryLicensee with exclusive possession.
- 8PembertonTolerated trespassers.
- 9BerentClaim for property damage which was caused by subsidence as a result of tree root damage.
Tree roots extended so widely they interfered with claimant’s property.
Claim was successful.
The enquiry as to reasonable foreseeability of damage could not be separated from the related enquiry as to what was reasonable to do in the light of the foreseeable risk.
It might be reasonable to take no steps to eliminate a risk which was unlikely to eventuate, and which would be of a small consequence if it did. - 10ReganClaimant owned maisonette in flat complex.
New building effected light entering maisonette.
Enjoyment and comfort of living room was severely reduced.
New area with light was in full view of new occupants.
Held this was a nuisance. - 11Charted TrustClaimant leased premises from the defendant to conduct a business which sold puzzles and executive toys.
Premises stated the other units were only for high class retailers.
Coffee shop placed tables in such a way so as to block access to shops where claimants were.
Argument was that this was killing new business and deterring old business form returning.
Held that the defendant was liable.
Continuing nuisance/opportunities to stop it. - 12St Helen'sClaimant had purchased valuable estate near smelting works.
Noxious fumes were emitted from smelting works which caused damage to trees and crops on estate.
Argued smelting works were in industrial neighbourhood.
HoL held that where the damage complained of is property damage the location is irrelevant.
Claim successful. - 13CoventryBought property near speedway track.
Supreme Court judgement tells us that planning permission in itself is not sufficient to avoid liability in a claim for private nuisance.
Coming to nuisance is no defence. - 14British CelaneseDefendant stored, on its premises, some long strips of metal foil.
Defendant failed to keep them safe and covered and there was a storm.
Metal strips land on to an electricity substation.
Lead to a power failure at claimant’s factor which caused a fire.
Defendants were liable. - 15Thiseger LJ in SturgesWhat would be a nuisance in Belgrave square would not necessarily be so in Bermondsey.
- 16GillinghamPlanning permission granted to convert old dockyard into a commercial port.
Held that the planning permission in this case, which changed character of neighbourhood, then type of neighbourhood is determined by reference to the new development rather than what it was previously.
Held no nuisance. - 17RobinsonDefendant manufactured paper boxes in the cellar of a building.
They required hot and dry air to store boxes.
They heated cellar for those purposes.
Rising hot air caused damage to the plaintiff’s delicate brown paper on floor above.
Heat would not have damaged normal paper and did not cause discomfort to plaintiff’s workplace.
Held not liable. - 18Network RailWhen they tried to record electric guitars, electric signals from network rail caused interference.
Use of that technical equipment was not strange or abnormal to be sensitive. - 19Hollywood Silver Fox FarmClaimants owned a farm and bred silver foxes.
Foxes, if stressed, can kill and eat their young.
Defendant was a neighbour who objected to the foxes.
Defendant shot his gun to disturb foxes.
Reduced breeding numbers significantly.
Held there was an actionable nuisance.
Malicious intent. - 20HalseyFilling of oil tankers at various times.
Court held that filling at 10am was reasonable.
10pm it constituted a nuisance. - 21CoventryBought property near speedway track.
Supreme Court judgement tells us that planning permission in itself is not sufficient to avoid liability in a claim for private nuisance.
Coming to nuisance is no defence. - 22KennawayMoved into house near motorboat racing.
Frequency of races increased over time.
Claim successful and injunction granted. - 23Lord Blackburn in GeddisNo action will lie for doing that which the legislature has authorised.
- 24AllenLegislation to erect refinery.
Nuisance result of statutory authority, therefore full defence. - 25Prescription20-year rule.
Legal if shown it was continuous and claimant was aware. - 26AbatementJustifies claimant entering on to land from which a nuisance emanates, in order to prevents its continuation.
- 27InjunctionDiscretion on court whether to grant one.
Court may prohibit or limit activities. - 28Damages in Lieu of an InjunctionIf injury is small and capable of being estimated in money.
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- Old FlashCards sobre Revision - Nuisance, criado por Jordan Quigley em 28-11-2018.
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- Jordan Quigley
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