Definition:

An unlawful interference with a person’s use or enjoyment of land, or with rights over it, caused by the unreasonable actions of another.

Key case: Sturges v Bridgman [1879] – a doctor’s consulting room was disturbed by noise from a nearby confectioner’s machinery. What is reasonable depends on the character of the area.

(a) Who Can Sue?

Only those with an interest in land (owner, tenant) may claim (Hunter v Canary Wharf [1997]).

(b) Who Can Be Liable?

• The creator of the nuisance.

• The occupier or owner who allows it to continue (Sedleigh-Denfield v O’Callaghan [1940]).

• Sometimes landlords if they authorised it.

(c) What Amounts to Unreasonable Interference?

The court balances competing interests. Factors include:

• Nature of the area – residential vs industrial (Sturges v Bridgman).

• Duration and timing – regular or night-time activity (Crown River Cruises v Kimbolton Fireworks [1996]).

• Sensitivity of the claimant – abnormal sensitivity not protected (Robinson v Kilvert [1889]).

• Malice or motive – deliberate interference is unreasonable (Christie v Davey [1893]).

• Public benefit – may reduce but not eliminate liability (Miller v Jackson [1977]).

(d) Indirect Interference Examples

Noise, smells, vibrations, smoke, or overhanging branches.

(e) Defences

• Prescription – 20 years of uninterrupted nuisance may legalise it (Sturges v Bridgman).

• Statutory authority – if activity authorised by Parliament (Allen v Gulf Oil Refining [1981]).

• Contributory negligence or consent in limited cases.

Note: “Coming to the nuisance” (moving to the area later) is not a defence.

(f) Remedies

• Injunction – to stop or limit the nuisance.

• Damages – for loss of enjoyment or property damage.

• Abatement – self-help removal (e.g. cutting overhanging branches).

Definition:

An act or omission that materially affects the comfort, convenience, or health of the public or a significant section of it.

Key case: Attorney-General v PYA Quarries [1957] – dust and noise from quarrying affected many homes; defined as “something so widespread that it would be unreasonable to expect one person to bring an action.”

(a) Who Can Sue?

• The Attorney General on behalf of the public.

• An individual who suffers special damage beyond that suffered by the general public (Castle v St Augustine’s Links [1922] – motorist injured by golf balls could sue).

(b) Examples:

• Obstructing a highway (R v Wheeler [1778]).

• Pollution of public rivers (R v Stephens [1866]).

• Loud noise, smoke, or disease affecting a neighbourhood.

(c) Defences:

• Statutory authority.

• Reasonable use if authorised by legislation.

(d) Remedies:

• Injunctions (often sought by local authorities or the Attorney General).

• Damages for individuals who suffer particular loss.