Nuisance

Propriety Interests
Malone v Laskey – only leaseholder not wife, toilet cistern
Khorasandjian v Bush – daughter of owner harrassed, liable
Hunter v Canary Warf – reinstated Malone but wives, exclusive possessors may win
Khatun v UK – prop interest rule is contrary to HR
Masters v Brent – new master extinguishes old
Neighborhood
Sturges v Bridgman – ‘nuisance in Belgrave Square not in Burmondsey’ and he came to nuisance irrelevant.
Gillingham BC v Medway – planning permission for dock changed neighbourhood
Wheeler v JJ Saunders (smell)- not always
Thompson-Schwab (brothel)
Abnormal Sensitivity
Robinson v Kilvert – heat damaged special, no claim
Heath v Mayor of Brighton – noise only annoying to unreasonable person
Utility
Dennis v MoD – damages instead of injunction
Barr v Biffa – could not be a defence
Miller v Jackson – cricket balls no
Malice
Christie v Davey – banged plates, ‘not legitimate use of house to vex and annoy’
Hollywood Silver Fox Farm – fired shots to scare foxes
Bradford v Pickles – malicious water draining, but irrelevent
Damage
Hunter v Canary Wharf – L Lloyd:
– encroachment
– physical injury
– interference with enjoyment
Occupier Liable
Sedleigh-Denfield – blocked pipe (adopted n of trespasser)
Goldman v Hardgrave – lightning tree left to burn (adopted n of nature, but consider resources)
Holbeck Hall Hotel – landslip too big/expensive to foresee
Landlord Liable
Tetley v Chitty – let land for go-cart
Hussain v Lancaster – license clause prohibiting nuisance
Landlord v Tenant Act – >7year lease duty to repair
Public Nuisance to Class
AG v PYA Quarries – ‘materially affects comfort/convenience HM subjects’ Romer LJ
Ruffel – acid house part to local community
Johnson – obscene phone calls to 13 women
Castle v St Augustine’s – golf balls to highway
Rimmington – malicious communications covered by statute not nuisance
Special damage + fault
Rose v Miles – canal block (PEL)
Noble v Harrisson – D ought to be aware of n
Tarry – strict liability (highway)
Local Govt Act 1972 – local authority can claim
Rylands v Fletcher
– collecting and keeping on land
– non-natural use of land
– likely to do mischief
– escapes and causes harm
RvF: Collecting
Miles v Forest Rock – explosives collected caused rocks to escape
LMS International – polystyrene collected, fire escaped
RvF: Non-natural use
Rickards v Lothian – ‘some special use bringing with increased danger’ not overflow water
Read – munitions during war = natural
Musgrove – petrol tank for car was ‘unnatural then’
Transco – water escape from regular pipe = natural HOFF: use insurance
RvF: Mischief likely
Hillier – electrocuted cows
West v Bristol Tramways – varnish fumes damaged plants
Crowhurst – yew trees killed horses
RvF: Escapes and causes harm
Cambridge Water – GOFF: requirement of foreseeability of type of harm not of escape (Wagon Mound 1), species of neg
Read – munitions didn’t actually leave premises
Hale v Jennings – damage to chattels recoverable

GHANDI: sealed fate of already moribund tort
Burnie Port (AUS) – subsumed by neg

Defences + Remedies
Sturges v Bridgman – 20 years prescription counted from commencement of nuisance not conduct.
Civil Aviation Act 1982 – excludes claims
Wheeler v JJ Saunders – authorised development unless done unreasonably
Kennaway v Thompson – specialised injunction watersports
Watson v Promosport – must be special reason not to injunct

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