W10 - NUISANCE
READINGS
* McBride and Bagshaw, pp 391-456
St Helen’s Smelting Co v Tipping (1865) 11 HLC 642 (HL)
Christie v Davey [1893] 1 Ch 316 (Ch)
* Hunter v Canary Wharf Ltd [1997] AC 655 (HL)
* Coventry v Lawrence [2014] UKSC 13, [2014] AC 822
Cambridge Water Co v Eastern Counties Leather plc [1994] 2 AC 264 (HL)
Transco plc v Stockport Metropolitan Borough Council [2003] UKHL 61, [2004]
2 AC 1
Steel, ‘The Locality Principle in Private Nuisance’ [2017] CLJ 145
Essert, ‘Nuisance and the Normative Boundaries of Ownership’ (2016) 52 Tulsa
L Rev 85
QUESTIONS
1. Who can sue in nuisance? For what harms/losses can they sue?
There are two torts that protect Interests In land:
o TRESPASS: protects against physical Intrusion, hence 'keep out'.
o NUISANCE: protects against any activities that Interfere with our
ability to use and enjoy our land.
Nuisance protects our Interests In land, so only those with sufficient Interests
In the affected land cam be brought a claim by tenants and owners. (Hunter v
Canary Wharf), and this doesn’t Include owners or tenants.
2. What is the test of liability in nuisance? How does liability in nuisance differ from
liability in negligence?
Nuisance can come from D's use of his own land depending on the context.
the answer Is yes In Hussain v Lancaster CC, a no In Halsey v Esso
Petroleum.
Liability can attach for Interference D didn’t personally create If nuisance
was either;
o Authorised, e.g. a landlord consented to a tenant’s nuisance, OR
o Continued, e.g. D In occupation of land from which nuisance arises,
knows of nuisance, plus fails to take reasonable steps to end It.
In negligence D must cause some form of Injury to C via a breach of a
reasonable standard of a duty of care.
3. What is the rule in Rylands v Fletcher? Is it a form of nuisance? If not, how does it
differ? Is the rule justified?
a. Not a form of negligence but Is a type of nuisance. But D still paid damages
done to C's land as D's reservoir flooded C's land.
b. It Is a form of strict liability since D will have to pay damages In the absence
of negligence, which Is controversial so Is a restrictive approach.
c. The requirements:
i. Accumulation on D's land,
READINGS
* McBride and Bagshaw, pp 391-456
St Helen’s Smelting Co v Tipping (1865) 11 HLC 642 (HL)
Christie v Davey [1893] 1 Ch 316 (Ch)
* Hunter v Canary Wharf Ltd [1997] AC 655 (HL)
* Coventry v Lawrence [2014] UKSC 13, [2014] AC 822
Cambridge Water Co v Eastern Counties Leather plc [1994] 2 AC 264 (HL)
Transco plc v Stockport Metropolitan Borough Council [2003] UKHL 61, [2004]
2 AC 1
Steel, ‘The Locality Principle in Private Nuisance’ [2017] CLJ 145
Essert, ‘Nuisance and the Normative Boundaries of Ownership’ (2016) 52 Tulsa
L Rev 85
QUESTIONS
1. Who can sue in nuisance? For what harms/losses can they sue?
There are two torts that protect Interests In land:
o TRESPASS: protects against physical Intrusion, hence 'keep out'.
o NUISANCE: protects against any activities that Interfere with our
ability to use and enjoy our land.
Nuisance protects our Interests In land, so only those with sufficient Interests
In the affected land cam be brought a claim by tenants and owners. (Hunter v
Canary Wharf), and this doesn’t Include owners or tenants.
2. What is the test of liability in nuisance? How does liability in nuisance differ from
liability in negligence?
Nuisance can come from D's use of his own land depending on the context.
the answer Is yes In Hussain v Lancaster CC, a no In Halsey v Esso
Petroleum.
Liability can attach for Interference D didn’t personally create If nuisance
was either;
o Authorised, e.g. a landlord consented to a tenant’s nuisance, OR
o Continued, e.g. D In occupation of land from which nuisance arises,
knows of nuisance, plus fails to take reasonable steps to end It.
In negligence D must cause some form of Injury to C via a breach of a
reasonable standard of a duty of care.
3. What is the rule in Rylands v Fletcher? Is it a form of nuisance? If not, how does it
differ? Is the rule justified?
a. Not a form of negligence but Is a type of nuisance. But D still paid damages
done to C's land as D's reservoir flooded C's land.
b. It Is a form of strict liability since D will have to pay damages In the absence
of negligence, which Is controversial so Is a restrictive approach.
c. The requirements:
i. Accumulation on D's land,
