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Private nuisance

Substantial interference with the enjoyment of land

Reasonable user (locality=lives next to chemical plant, (Sturges) frequency= 20 lorries every night,) De Keyser’s Royal Hotel Ltd v Spicer Bros Ltd,

The owner of the (occupier of land/chemical plant) can be sued

Human rights defence. Human Rights art.8(1). This states that “Everyone has the right to respect for his private and family life, his home and his correspondence

Public? Att Gen v PYA Quarries - any special damage over and above of the class of people (ie the people living on the road).

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private nuisance
Clarissa can sue
Alpha Chemicals Ltd can be sued - reasonable user? - balancing the right of the owner to use their land against the right of the claimant not to have their quiet enjoyment interfered with (Sedleigh-Denfield v O'Callaghan)
Intangible damage (interference)
Locality- near factory (Sturges v Bridgman)
Duration- 10 mins, twice a day - reasonable - (De Keysers)
Sensitivity- most people cannot hear ( Network Rail Infrastructure) [2004]; Christy v Davey
Emanate from the land - Lippiatt

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Private Nuisance - suffered harm on his property

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Private Nuisance - suffered harm on his property

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Brian can bring a claim against alpha chemicals ltd who created the nuisance
tangible damage which will normally amount to a nuisance - ST HELENS MELTING CO V TIPPING. (Interest in the land - Hunter v Canary Wharf) . Holbeck Hall v Scarborough Hotel - occupier reasonable care to check the potential for nuisances. Alpha is in control over the land - Matania v National Provisional Bank
Locality - STURGES V BRIDGMAN - 'what would be a nuisance in Belgrave Square would not necessarily be so in Bermondsey' - he lives close to the factory - expected that he would suffer from the fumes as lives in close proximity

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https://prezi.com/p/ppj3xbpiemr7/?present=1

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Nuisance Strict liability - isolated escape of a hazardous substance Physical St Helen's Smelting Co v Tipping Substantial Interference Escapes Non-Natural user What is a reasonable user? Results based tort unreasonable even if taken all reasonable steps Read v Lyons

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2. Harvey is the owner of a small-holding, in which he has established a riding school. He has two immediate neighbours, Oenone, an elocution teacher, and Sonya, a taxi-driver.

Harvey has a contract to provide weekly riding lessons to the 400 pupils of St Michael’s, a local girls’ school. Oenone complains that on the days when the junior girls are receiving lessons, there is so much disturbance and disruption from their chattering, screaming and shouting that she and her own pupils cannot hear themselves think.

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c) Derek, who lives opposite the front gate of the chemical plant, is unable to sleep due to the arrival and departure of up to 20 lorries a night.

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b) Clarissa complains that her life is being made intolerable by a very high-pitched noise emitted by machinery recently installed at the chemical plant. The machinery only operates for 10 minutes twice a day and the vast majority of people cannot hear the noise.

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1. Alpha Chemicals Ltd owns and operates a chemical processing plant on the edge of a large manufacturing town. A number of local residents have recently experienced problems relating to the plant, namely:

(a) Brian has suffered damage to the paintwork to his house and any washing he hangs out to dry as a result of acid fumes released by the factory.

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Every Summer Harvey holds two or three large charity gymkhanas. Sonya complains that on these occasions the approach roads to her house are so congested by parked cars, horse boxes and other vehicles attracted by the gymkhana that she cannot get her taxi out. She has lost business as a result.