Summary
summary of private and public nuisance
- Module
- Nuisance
- Institution
- PEARSON (PEARSON)
summary of nuisance with releavnt case law good to plan essays or scenarios
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Public nuisance summary20 October 2022 18:36
Definition; Something that materially affects the reasonable comfort and
convivence of a class of her majesty's subjects-AG V PYA Quarries
STEP ONE; What counts as an act
• Noise
• Smell
• Any omission to act causing interference
Eg failure to prevent natural nuisance-Wandsworth LBC V Rail track plc
(2000)
STEP TWO; Interference
• Interference must be material and substantial.
STEP THREE; Class of people
• It is no necessary to show everyone was affected just sufficient to show
that a represented cross section has been affected
• AG V PYA quarries (1957)- Quarry caused vibrations and disturbance to
local residents. LORD DENNING; public nuisances is so wide spread it
would not be reasonable to expect one person to take proceedings stop
it, that it should be taken on the responsibility of the community at large
• Romer LJ; it was a question in each case whether a sufficient number of
people were affected.
How many= a class
• Likely to be more than 2 or 3. no min amount of people.
R V Johnson- phone calls to 13 women in geographical area= a class of
people.
R V rimmington-538 abusive letters sent. Held there was no class, as
letters sent to individuals and PN should not be used for conduct which
has a statuary offence unless there is good reason to do so.
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