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Private Nuisance

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Hunter v Canary Wharf
The claimant must have a proprietary (legal) interest in the land.
Thomas v NUM
The creator of the nuisance can be a defendant.
Sedleigh-Denfield v O'Callaghan
The occupier of the land may be a defendant if he adopts or continues the nuisance.
Tetley v Chitty
A landlord may be liable for his tenant's activities if he approves or authorises them.
Kennaway v Thompson
Noise can amount to a nuisance.
Wheeler v JJ Saunders
Smells can amount to a nuisance.
Halsey v Esso Petroleum Co Ltd
Industrial activities are more likely to be a nuisance in a residential area.
Lawrence v Fen Tigers
Planning permission and long-established use of a land for a particular purpose may change the character of the locality.
St Helens Smelting v Tipping
Locality is irrelevant where physical damage is concerned.
Barr v Biffa Waste Services
The more often an activity occurs, the more likely it is to be a nuisance.
Crown River Cruises v Kimbolton Fireworks
In certain circumstances, a single event can amount to a nuisance.
Bridlington Relay v Yorkshire Electricity
If a nuisance only occurs due to the sensitive nature of a C's use of the land, the claim will fail.
McKinnon Industries v Walker
The C can claim for the full extent of his loss, even that caused by the extra-sensitive nature of his use, if the nuisance would have interfered with the normal use of the land.
Dennis v MOD
If an activity is in the public interest, the claimaint may win damages but fail to win an injunction.
Christie v Davey
Malice on the part of the D can make ordinary activities amount to a nuisance.
Allen v Gulf Oil
If an activity is carried out under statutory authority, the claim will fail.
Sturges v Bridgman
It is not a defence that the C moved into the area where the nuisance was already being created.
Cambridge Water v Eastern Counties Leather
Damages will only be awarded for damage that was reasonably foreseeable.
Sturges v Bridgman
If a nuisance has been actionable for 20 years and no claim has been made, this is a defence to nuisance.