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Private Nuisance Notes

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This is an extract of our Private Nuisance document, which we sell as part of our GDL Tort Law Notes collection written by the top tier of Cambridge/Bpp/College Of Law students.

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PRIVATE NUISANCE

Read v Lyons [1945] per Scott LJ: "... an unlawful interference with a person's use or enjoyment of his land, or some right over, or in connection with, that land."
o C must prove that there was:
 (1) an unreasonable interference; (property damage,
noise, smoke, smells)
 (2) with C's use or enjoyment of his or her land;
 (3) for which D is responsible.

Who can bring a claim:
o Claimant must have a proprietary interest in the land
(Hunter v Canary Wharf [1997], per Lord Lloyd - claimants argued that erection of Canary Wharf Tower caused a nuisance interfering with TV signal)
 Malone v Laskey [1907] - wife of man employed on land injured when engine vibrations from adjoining property shook a cistern loose. No interest therefore no claim.
 Khoransandjian v Bush [1993] - Dillon LJ stated that a personal licence was sufficient to sue for an harassment claim.
 Harassment Act has made this unnecessary and was overruled in Hunter.
o Impact of HRA 1998
 Issue of whether this condition affected article 6 (right to fair trial) right to enforce Article 8 (Right to Respect ones Family and Private Life)
 McKenna v British Aluminium Ltd [2003] - Over 30 claiamants sued in nuisance over the noise and fumes,
some of the children had no interest in the land.
 Strike out request failed in the light of the extension of Human Rights law to common law
 Dobson v Thames Water Utilities [2009] - It was not possible to rule out some damages being awarded under s 8 to a person other than the owner of the land,
but damages in nuisance are for property damage not for not the injury to the sensibilities of the occupiers.
 Area of law needs clarity.

Who can be sued:
o The creator of a nuisance:
 Thomas v NUM [1986] - miners had abuse shouted at them by picketers. Shouting was a nuisance and picketers s creators could be sued.
 Hussain v Lancaster CC [2000] - tenants racially abused claimant (another tenant). Held unless landlord authorises nuisance they are not generally to be sued but the person who created the nuisance should.

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