Nuisance

Nuisance

1. Private Nuisance

   • Reasonable User
     • The Nature of Locality
       • Duration and Frequency of Interference
         • Utility of Ds Conduct
           • Abnormal sensitivities
             • Malice
               • Who Can Be Sued?
               • Who Can Sue?
               • Defences
                 • Effective
                 • Inneffective
                 • Remedies
               • Hunter v Canary Wharf and the ECHR
   • Hunter v Canary Wharf-- Protects People's interests in land and Not the people themselves.

2. Public Nuisance

   • A-G v PYA Quarries Ltd
     • #1 Something which materially affects the reasonable comfort and convenience of life
     • #2 Of a class of her majesty's subjects. Ie wide selections of community/citizens
       • R v Rimmington
       • R v Goldstein
   • Who can Sue?
   • Remedies
     • Same as Private Nuisance.
       • Damages more likely to be awarded because of special damages requirement
         • Cite: Corby Group Lit. Cs v Corby BC

3. Rule in Rylands v Fletcher

   • Applies specifically to 'isolated escapes' of hazardous materials eg oil which goes on to damage the C land