Private and public nuisance scenario knowledge:
Private nuisance:
The unreasonable use by a man with his land to the detriment of his neighbour [miller]. Who can
sue - [hunter]- specifies that C must have a legal interest in the land, lodgers, visitors ect cannot be
sued as shown by the overruling of [khoransandjian]. Who can be sued – whoever creates the
nuisance e.g [Esso] - even a trespasser. And whoever authorises the nuisance like vicarious liability
[Tetley] - authorised go karting.
1. Direct interference – physical invasion, noises, smells, fumes, vibrations, immoral activities
such as a brothel [Thompsen Schwab], sex shop [laws] But not things of delight like a
pleasant view [bland].
2. Unreasonable use of land – need to look at the following factors: locality: the use of the
land must be reasonable in context e.g [st Helens smelting] - industrial areas are likely to
give off fumes but when causes damage, it is unreasonable. Duration/time: the longer the
nuisance continues the more likely C will succeed eg [de Keyers hospital] - pile driving
continued overnight. But it can be just a single event. Malice: If D acts out of spite, then it
can turn a reasonable behaviour into an unreasonable one, [christie] - made noise when
music lesson starts. Sensitivity: Sensitive claimants are not likely to be successful [Robinson]
- only C’s brown paper was sensitive to heat However a sensitive matter can be looked at
additionally if nuisance would also damage someone ordinarily. [McKinnon] - fumes affected
enjoyment and killed flowers. Public benefit: can stop court imposing an injection [miller]
only damages to reflect the benefit given from the local cricket ground.
3. Damage: damage must occur [hunter] 3 types of damage – physical, encroachment,
discomfort or inconvenience that affects enjoyment.
Defences: Stat authority – an act of parliament gives permission/auth e.g [allen] gave permission to
build an oil refinery. Prescription – If they have been using the land for the manner for over 20 years
without a claim however only works if the behaviour was actionable nuisance for that time [struges]
D had used industrial pestle and mortar for 20 years, but c had just moved in so had not been a
nuisance for 20 years and therefore defence failed.
Remedies: Damages – or an injunction court will look at public benefit like in [miller]. Abatement -
self-help method where C can use a reasonable force to repel the nuisance e.g trim tree branches
but give them back to owner or at least try.
Public nuisance:
A public nuisance ‘materially affects the reasonable comfort and convenience of life of a class of his
majesty's subjects’. Brought by the attorney general or local authority on behalf of several people (as
it would be unreasonable for each of them to bring their own separate actions. Only an injunction
can be awarded on behalf of the group.
Who can sue? - anyone affected by nuisance with no proprietary link required. Who can be sued -
whoever creates the nuisance.
1. A class of her majesty's subject – no fixed number as it will depend on the facts of the case.
[PYA quarries] - lord denning declined to answer the question as to how many. The 30
Private nuisance:
The unreasonable use by a man with his land to the detriment of his neighbour [miller]. Who can
sue - [hunter]- specifies that C must have a legal interest in the land, lodgers, visitors ect cannot be
sued as shown by the overruling of [khoransandjian]. Who can be sued – whoever creates the
nuisance e.g [Esso] - even a trespasser. And whoever authorises the nuisance like vicarious liability
[Tetley] - authorised go karting.
1. Direct interference – physical invasion, noises, smells, fumes, vibrations, immoral activities
such as a brothel [Thompsen Schwab], sex shop [laws] But not things of delight like a
pleasant view [bland].
2. Unreasonable use of land – need to look at the following factors: locality: the use of the
land must be reasonable in context e.g [st Helens smelting] - industrial areas are likely to
give off fumes but when causes damage, it is unreasonable. Duration/time: the longer the
nuisance continues the more likely C will succeed eg [de Keyers hospital] - pile driving
continued overnight. But it can be just a single event. Malice: If D acts out of spite, then it
can turn a reasonable behaviour into an unreasonable one, [christie] - made noise when
music lesson starts. Sensitivity: Sensitive claimants are not likely to be successful [Robinson]
- only C’s brown paper was sensitive to heat However a sensitive matter can be looked at
additionally if nuisance would also damage someone ordinarily. [McKinnon] - fumes affected
enjoyment and killed flowers. Public benefit: can stop court imposing an injection [miller]
only damages to reflect the benefit given from the local cricket ground.
3. Damage: damage must occur [hunter] 3 types of damage – physical, encroachment,
discomfort or inconvenience that affects enjoyment.
Defences: Stat authority – an act of parliament gives permission/auth e.g [allen] gave permission to
build an oil refinery. Prescription – If they have been using the land for the manner for over 20 years
without a claim however only works if the behaviour was actionable nuisance for that time [struges]
D had used industrial pestle and mortar for 20 years, but c had just moved in so had not been a
nuisance for 20 years and therefore defence failed.
Remedies: Damages – or an injunction court will look at public benefit like in [miller]. Abatement -
self-help method where C can use a reasonable force to repel the nuisance e.g trim tree branches
but give them back to owner or at least try.
Public nuisance:
A public nuisance ‘materially affects the reasonable comfort and convenience of life of a class of his
majesty's subjects’. Brought by the attorney general or local authority on behalf of several people (as
it would be unreasonable for each of them to bring their own separate actions. Only an injunction
can be awarded on behalf of the group.
Who can sue? - anyone affected by nuisance with no proprietary link required. Who can be sued -
whoever creates the nuisance.
1. A class of her majesty's subject – no fixed number as it will depend on the facts of the case.
[PYA quarries] - lord denning declined to answer the question as to how many. The 30
