Tort Seminar 21 - FT112 - Nuisance by Claire Turner https://padlet.com/claire43/qnzjbgm7bv1v en-us 2017-10-26 08:03:08 UTC 2025-04-24 08:21:03 UTC hello@padlet.com claire43 https://padlet.com/claire43/qnzjbgm7bv1v/wish/1367113973 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.]]> 2021-03-30 07:52:02 UTC https://padlet.com/claire43/qnzjbgm7bv1v/wish/1367113973 claire43 https://padlet.com/claire43/qnzjbgm7bv1v/wish/1367114690
  • 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.

    ]]>     2021-03-30 07:52:26 UTC https://padlet.com/claire43/qnzjbgm7bv1v/wish/1367114690     claire43 https://padlet.com/claire43/qnzjbgm7bv1v/wish/1367115517 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.


    ]]>     2021-03-30 07:52:53 UTC https://padlet.com/claire43/qnzjbgm7bv1v/wish/1367115517     claire43 https://padlet.com/claire43/qnzjbgm7bv1v/wish/1367116387 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.]]> 2021-03-30 07:53:19 UTC https://padlet.com/claire43/qnzjbgm7bv1v/wish/1367116387 claire43 https://padlet.com/claire43/qnzjbgm7bv1v/wish/1367117221 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.


    ]]>     2021-03-30 07:53:44 UTC https://padlet.com/claire43/qnzjbgm7bv1v/wish/1367117221     https://padlet.com/claire43/qnzjbgm7bv1v/wish/2107457839 https://prezi.com/p/ppj3xbpiemr7/?present=1]]> 2022-03-22 13:05:21 UTC https://padlet.com/claire43/qnzjbgm7bv1v/wish/2107457839 Private Nuisance - suffered harm on his property shania2706 https://padlet.com/claire43/qnzjbgm7bv1v/wish/2107517607 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  ]]>     2022-03-22 13:31:21 UTC https://padlet.com/claire43/qnzjbgm7bv1v/wish/2107517607     Clarissa v Alpha Chemicals Ltd https://padlet.com/claire43/qnzjbgm7bv1v/wish/2107531228 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

    ]]>     2022-03-22 13:37:18 UTC https://padlet.com/claire43/qnzjbgm7bv1v/wish/2107531228     https://padlet.com/claire43/qnzjbgm7bv1v/wish/2107532733 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).
    ]]>     2022-03-22 13:37:53 UTC https://padlet.com/claire43/qnzjbgm7bv1v/wish/2107532733