Term
| Is public nuisance a tort? |
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Definition
| Public nuisance is a CRIME. Very occasionally, however, it may also be a tort |
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Term
| What are 'public nuisances which are capable of giving rise to an action' defined as? |
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Definition
| 'Acts or ommissions of the D that materially affect the reasonable comfort and convenience of life of a class of Her Majesty's subjects' |
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Term
| From what case do we get the definition of an actionable public nuisance? |
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Definition
| Attorney Generay v PYA Quarries [1957] |
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Term
| Attorney Generay v PYA Quarries [1957] |
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Definition
PROVIDES THE DEFINITION OF PUBLIC NUISANCE
'Acts or ommissions of the D that materially affect the reasonable comfort and convenience of life of a class of Her Majesty's subjects' |
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Term
| What is the most common behaviour that might constitute a public nuisance? |
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Definition
| Obstruction of Her Majesty's Highway |
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Term
| Is public nuisance common? |
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Definition
| NO - most things which would constitute a public nuisance are now regulated by different statutes. Public nuisance is now a residual method of dealing with certain interferences which cannot be dealt with by other means. |
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Term
| The first element of the public definition requires that the interference 'Materially affects comfort and convenience'. What does this require? |
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Definition
| It is necessary to show that the interference is 'material' e.g. more than slight or trifling. What this means in practice will vary case to case (a tambourine may materially affect residents in a residential area, whilst it owuldn't materially affect spectators at a football match) |
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Term
| For public nuisance, must there be actual physical damage? |
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Definition
| NO - public nuisance will also cover annoyance or irritation (so long as this is material). 'Materially affects comfort and convenience' |
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Term
| The second element of the public nuisance deinition requires that the interference affects 'a class of her majesty's subjects'. What does this mean? |
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Definition
| No definite number of people who have to be affected - however, it is necessary to show that the effect of the nuisance is sufficiently widespread. |
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Term
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Definition
A PUBLIC NUISANCE MUST AFFECT A CLASS OF HER MAJESTY'S SUBJECTS
D sent 538 racially offensive items to people across the country
HELD - the HoL felt that this did not affect a 'class; of HM's Subjects in the required way, but only a group of 'individuals' |
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Term
| Which cases can be used in a discussion about a public nuisance 'affecting a class of her majesty's subjects'? |
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Definition
Attorney General v Hastings Corporation [1950]
R v Rimmington [2005] |
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Term
| In what circumstances can it be more beneficial to sue under public nuisance than general negligence? |
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Definition
| Where it concerns an ommission. A public nuisance can be an 'act or an ommission'. Whereas in negligence, ommissions are generally not actionable. |
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Term
| Can a public nuisance be a one-off event? |
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Definition
| YES - think about the guy who interrupted the cambridge boat race |
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Term
| Attorney General of Ontario v Orange [1971] |
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Definition
| A POP CONCERT CAN BE A PUBLIC NUISANCE |
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Term
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Definition
BLOCKING A CANAL CAN BE A PUBLIC NUISANCE
PURE ECONOMIC LOSS IS RECOVERABLE UNDER PUBLIC NUISANCE |
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Term
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Definition
| PICKETING ON THE HIGHWAY CAN BE A PUBLIC NUISANCE |
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Term
| Castle v St Augustine's Link [1922] |
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Definition
GOLF BALLS BEING HIT ON TO THE HIGHWAY CAN BE A PUBLIC NUISANCE
C SUFFERED MORE THAN THE CLASS OF HM'S SUBJECTS, BECAUSE HIS CAR WAS HIT BY A GOLF BALL |
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Term
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Definition
| AN ACID HOUSE PARTY CAN BE A PUBLIC NUISANCE |
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Term
| Wandsworth London Borough Council v Railtrack plc [2001] |
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Definition
| PIGEONS ROOSTING UNDER A BRIDGE CAN BE A PUBLIC NUISANCE |
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Term
| Who can sue under public nuisance? |
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Definition
Public nuisance is primarily a crime, so will predominantly be dealt with by a criminal prosecution. However, the following may be able to sue...
i) an individual
ii) Local authority (on its own behalf or on behalf of residents)
iii) Attorney General (on behalf of a class of HM's subjects) |
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Term
| In what circumstances can an individual sue in public nuisance? |
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Definition
| Only in very limited circumstances. He must be able to show that he has suffered over and above the rest of the class, or in a way that is different in kind from that suffered by the rest of the class. Furthermore, it is still necessary for a class of people to have been affected by the nuisance. |
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Term
| Tate and Lyle v GLC [1983] |
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Definition
YOU DON'T NEED TO HAVE A LEGAL INTEREST IN THE LAND IN ORDER TO SUE FOR PUBLIC NUISANCE (AS AN INDIVIDUAL)
AN INDIVIDUAL CAN SUE IN PUBLIC NUISANCE IF THEY CAN PROVE THAT THEY WERE AFFECTED OVER AND ABOVE THE CLASS OF INDIVIDUALS - THIS CAN INCLUDE WHERE THEY GO TO EXPENSE TO REMEDY THE NUISANCE
C was able to recover the cost of dredging up the river approach to a jetty he used which had silted up because the Ds had built a new ferry terminal, even though the C did not own the river affected.
KEY - C's were affected over and above the class of individuals (the class of individuals = other boat owners who couldn't travel the river), Cs were affected more, because they spent money dredging the Thames) - seems to be a voluntary act?? |
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Term
| Which case can be used to show that an individual claimant in public nuisance does not need a proprietary or possessionary interest in the land affected? |
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Definition
| Tate and Lyle v GLC [1983] |
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Term
| In what circumstances can a public authority sue for public nuisance? |
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Definition
i) where it has suffered particular damage
ii) it may also sue in its own name to protect the inhabitants of its area |
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Term
| Lyons, Sons & Co. v Gulliver [1914] |
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Definition
IN ORDER FOR AN INDIVIDUAL TO SUE IN PUBLIC NUISANCE, IT IS NECESSARY FOR HIM TO SHOW THAT HE HAS BEEN AFFECTED OVER AND ABOVE THE REST OF THE CLASS OF PEOPLE, OR IN A DIFFERENT WAY.
D owned a theatre & caused a queue to form, blocking off the enterance to the C's tea rooms.
C successfully sued as an individual.
HELD - though everyone using the highway was affected by the queue, the C was affected over and above everyone else, and in a different way.
C's individual claim was successful |
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Term
| Which cases can be used in a discussion of when an individual can sue in public nuisance? |
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Definition
Tate and Lyle v GLC [1983]
Lyons, Sons & Co. v Gulliver [1914] |
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Term
| In what circumstances can the Attorney General sue in public nuisance? |
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Definition
| Where a class of people are affected by the nuisance and no individual action is possible or forthcoming - the AG may bring the claim, in his name, on their behalf. |
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Term
| Who can be sued under public nuisance? |
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Definition
| The person who creates the nuisance, or any person who is responsible for the nuisance (e.g. a landowner who rents his field to a person whom he knows is going to host an acid rave) |
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Term
| What type of damages are recoverable under public nuisance? |
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Definition
i) Property damage
ii) personal injuiry
iii) pure economic loss |
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Term
| Which case shows that pure economic loss is recoverable under public nuisance? |
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Definition
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Term
| Rose v Miles [1815] - on pure economic loss |
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Definition
PURE ECONOMIC LOSS IS RECOVERABLE UNDER PUBLIC NUISANCE
(ALSO, blocking a canal can = public nuisance) |
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Term
| Which defence is NOT available for public nuisance? |
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Definition
| Prescription - as a person cannot accede to a crime, and public nuisance is a crime. |
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Term
| What happens most of the time when someone performs an act which could be a public nuisance? |
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Definition
| The police, or the local authority. |
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Term
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Definition
| Carrying a child with smallpox along a public highway |
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Term
| Which cases can be used to show that queuing on a public highway = a public nuisance? |
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Definition
| i) Lyons, Sons & Co. v Gulliver [1914] |
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Term
| Metropolitan Asylum District v Hill [1881] |
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Definition
| OPENING A SMALL POC HOSPITAL CAN BE A PUBLIC NUISANCE |
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Term
| Attorney General v Hastings Corporation [1950] |
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Definition
MUST BE A CLASS OF HER MAJESTY'S SUBJECTS
ONLY A COUPLE OF HOUSES WERE AFFECTED -HELD NOT TO BE ENOUGH PEOPLE |
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