Private Nuisance

1. What must a claimant have to bring a claim in private

nuisance, and which case demonstrates this? A legal interest in the land or exclusive possession (Hunter v Canary Wharf)

2. Why were the owners of the land capable of being It was held that D was liable, even though they hadn't installed the pipe, yet were
defendants in Sedleigh-Denfield v O’Callaghan?
aware of it's existence. D had continued and adopted the nuisance

3. What does loss of amenity mean? Give an example of an Loss of the use or enjoyment of the land e.g, smell (Wheeler v JJ Saunders) or noise
“amenity interest” with a case. (Kennaway v Thompson) and A case that established this is Winfield v Jolowicz

4. What made the coming and going of tankers in Halsey v

Esso an unlawful interference?
This was a nuisance as the depot was located in the middle of a housing estate and
was interfering with the sleep of the residents

5. Why was the interface unlawful in Crown River Cruises v

Kimbolton Fireworks, even though it only lasted 20 minutes? There was a physical damage

6. What is the test used by the courts to establish that the

extent of the interference is unlawful in relation to claims for
loss of amenity? Give a case in support.

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7. When will the interference be unlawful if the Claimant’s use McKinnon v Walker - when ordinary use is affected, D is liable for the full extent of the
of land is a sensitive one? Which case shows this? loss

8. Why was the claimant not awarded an injunction in Dennis

Flights were necessary to allow the country to defend itself, and so the nuisance had
social utility
v Ministry of Defence, despite the nuisance?

It would not normally amount to an act of nuisance. However, it was considered

9. Why did the court decide there was a nuisance in unlawful as it was done in malice
Hollywood Silver Fox Farm v Emmett?

Where D is permitted by an Act of Parliament to carry out activity of which nuisance is

10. What is meant by the defence of statutory authority? an unavoidable consequence (Allen v Gulf Oil)
Which case demonstrates this?

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11. Why was an injunction awarded in favour of the claimant Kennaway v Thompson - The nuisance was substantial. However, Miller v Jackson, the
in Kennaway v Thompson, but not in Miller v Jackson? interests of the community outweighed the minor inconvenience to the claimant

12. How are damages for loss of amenity calculated?

Damages are equal to the loss in value to the land. It must focus on the impact on the
utility of the land (Hunter v Canary Wharf)

13. What is meant by the remedy of abatement? C can take reasonable steps to deal with any nuisance themselves. However, C must be
careful not to overstep the limits of what is reasonable in the circumstances.

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