Public Nuisance

• “...an act or omission which materially affects the reasonable comfort and convenience of life of a class of Her Majesty’s subjects” (AG v PYA Quarries [1957])

• Difference Public and Private:

  • Public nuisance is a tort and a crime.

  • Cannot sue for personal injury in private nuisance.

  • Need not have a right in relation to land affected.

• Who can sue:

  • Individuals can only sue if they can show that they have suffered ‘special damage’ over and above the class of affected people.

    • Tate & Lyle v GLC [1983] – build-up of silt caused by new ferry terminal built by D. Prevented Tate from using their jetty. Other users only suffered navigability issues.

    • Lyons v Gulliver [1914]– theatre encouraged people to queue outside blocking entrance to tea shop which lost business. Others merely suffered inconvenience.

    • Halsey v Esso Petroleum [1961] – living particularly close to the noise.

  • Local authorities or the AG can sue in their own right to protect citizens of an area

  • NB can sue for multiple torts at once.

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